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Full text of "Acts and resolves passed by the General Court"



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l,AWS 



OF THE 



Commontoealtl) of ciHSa^l^aclju^ettji. 



PASSED AT THE SEVERAL 



SESSIONS OF THE GENERAL COURT, 



BEGINNING MAY, 1822. AND ENDING FEBRUARY, 1825. 



Published agreeably to a Resolve of 1 Gth January^ 1812. 



VOL. IX. 



BOSTOJS*: 

TRUE AND GREENE— STATE PRINTERS. 



1825. 



LAWS 



COMMONWEALTH OF MASSACHUSETTS, 
PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE TWENTY 

NINTH OF MAY, AND ENDED ON SATURDAY, THE FIFTEENTH OF JUNE, 

ONE THOUSAND EIGHT HUNDRED AND TWENTY TWO. 



CHAP. I. 

An Act to cede to the United States the jurisdiction of 
a part of Billingsgate Island. 

IjE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That the consent of this 
Commonwealth be, and hereby is granted to the Uni- cession of Ba- 
ted States, to purchase a tract of land, not exceeding '"'^^^*^ '''*'*'*' 
four acres, which shall be found necessary for the 
light house authorized by Congress to be built on ught House, 
Billingsgate Island, in Barnstable Bay; and may hold 
tlie same during the continuance of the use and appro- 
priation aforesaid ; provided, that this Commonwealth 
shall retain, and does hereby retain, concurrent juris- concurrent ju- 
diction with the United States, in and over said land,"^ 
so far as that all civil and criminal processes issued 
under the authority of this Commonwealth, or any 
officer thereof, may be executed on any part of said 
land, or any buildings which may be erected thereon, 
in the same way and manner as though this consent 
had not been granted as aforesaid. 

[Approved by the Governor^ June 8th^ 1822.] 



4 WORCES. PROBATE COURT. June 12, 1822 

CHAP. 11. 

An Act to extend the powers of the Religious Charita- 
ble Society, in the County of Worcester. 

15E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Religious Charita- 
ble Society, in the County of Worcester, be, and they 
hereby are authorized and empowered to receive and 
May hold real & hoi u uiouev os^" auv other property, both real and per- 

personai estate, i » -p^ i i • i i ,i • 

sonal, by gut, grant, devise, or bequest, or otherwise, 
for any other charitable object, besides those specified 
in their act of incorporation, and to apply the same, or 
the proceeds and income thereof, to the particular ob- 
ProTiso. ject or objects, designated by the donor: Provided, 

however, that the whole amount of their annual income, 
do not exceed the sum limited in their said act of in- 
corporation. 

[Approved by the Governor, June 13th, 1822.] 



CHAP. III. 

An Act respecting the Court of Probate in the County 
of Worcester. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
Two termsof the passing of thls act, there shall be two terms of the 
Probate cuuru pj.Qij^te Court holdeu iu each year, in the Town of 
Barre, in the County of Worcester, at such times as 
the Judge of Probate for the said county shall appoint, 
giving due notice thereof. 

[Approved by the Governor, Juue 13th, 1822.] 



HOUSEWRIGHTS IN BOSTON. June 13, 1822. 



CHAP. IV. 

An Act to incorporate the Associated House Wrights 
in Boston. 

Sec. 1. OE it enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That Augustus Octavius persons incorpo- 
Barton, Thomas Barry, Seth Copeland, Oliver Down- '^'*'^^* 
ing, John Drayton, Joseph Eustis, William Goddard, 
Edward Grray, Joab Hunt, Isaac Jenkins, Foster Low, 
Nehemiah Lorejoy, Ephraim Marsh, Oliver Mills, 
Alexander Parris, Caleb Pratt, James Sargent, Jesse 
Shaw, Joseph Stodder, Seth Thaxter, William Todd, 
Mark Weare, together with their associates and suc- 
cessors, be, and they are hereby incorporated, by the 
name of the Associated Housewrights in Boston ; with 
power to have aid use a common seal, and to make 
by-laws for the governing the affairs of the said asso- 
ciation, and the management and application of its General powers. 
funds; and also for promoting inventions, and im- 
provements in thtir art, by granting premiums to as- 
sist mechanics witu loans of money, and to relieve the 
distresses of unfortinate mechanics and their families ; 
and shall have and use, all other privileges incident 
and usually given by acts of incorporation to charita- 
ble societies. And the said association may hold real 
estate, not exceeding ai value two thousand dollars, and 
personal estate, not exceeding ten thousand dollars. 

Sec. 2. Be it further enacted, That any two of the 
persons herein named, are hereby empowered to call 
the first meeting of the said association, at such time First Meeting. 
and place as they may appoint, by giving personal 
notice to each of their associates, to choose their offi- 
cers; at which meeting the mode of calling future 
meetings, shall be regulated and settled. 

Sec. 3. Be it further enacted, That this act may Legislative reser 
be amended, revised, and repealed, at the pleasure of '^*'"''* " ^°^^''' 
the Legislature. 

[Approved by the Governor, June 13th, 1822.] 



6 BOSTON IRON COMPANY. June 13, 1822. 

CHAP. V. 

An Act to incorporate the Boston Iron Company. 

Sec. 1. IjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Horace trray, David 

Persons incorpo- Moody, and Samucl How, Junior, their associates, 
successors and assigns, be, and they hereby are made 
a corporation, by the name of Boston Iron Company, 
for the purpose of rolling, cutting, and otherwise work- 
ing iron, at Boston, in the County of Suffolk, and at 
Roxbury, in the County of Norfolk; aid for this pur- 

Geneiai powers, pose shall iiavc all tlic powcrs and privileges, and be 
subject to all the duties and requirements, contained 
in an act passed the third day of March, one thousand 
eight hundred and nine, entitled "ai act defining the 
general powers and duties of manuficturing corpora- 
tions," and the several acts in addition thereto. 

Sec. 2. Be it further enacted, That the capital 

Capital Stock, stock of Said corporation shall not exceed four hun- 
dred thousand dollars; and they may be lawfully 
seized and possessed of such real estate as may be 
necessary and convenient for the purposes aforesaid, 
not exceeding in value the sum of one hundred thou- 
sand €lollars, exclusive of the buildings and improve- 
ments, that may be made thereon by the said corpo- 
ration. 

[Approved by the Governor, J une 13th, 1822.] 



CHAP. VI. 

An Act to incorporate the Salem Charitable Mechanic 
Association. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That John Howard, Na- 



SALEM CHAH. MEC. ASSO. June 14, 1822. 7 

thaniel Frothingliam, Samuel Gray, and John Derby, Persons incoipo 
Junior, and all those who have associated, or may'^*"*** 
hereafter associate with them, be, and they are here- 
by incorporated and made a body politic, for the term 
of twenty years, by the name of the Salem Charitable 
Mechanic Association; and by that name shall be 
known in law, and shall be capable of suing and be- 
ing sued, and shall have power to have and keep a General powei> 
common seal, to make by-laws, for the election of their 
members and officers, the collection of assessments, 
the regulation of their meetings, and the appropriation i 

of their funds for charitable uses, and to effect the ob- 
jects of their association. 

Sec. 2. Be it further enacted, That the said cor- 
poration shall have power, and be capable in law, to 
purchase, take, have, hold, use, retain and enjoy, in 
fee simple or otherwise, any real or personal estate May howreai or 
within this Commonwealth, not exceeding twenty^"'""'* ^'^"^' 
thousand dollars in value in real estate, and ten thou- 
sand dollars in personal estate; and the same to sell, 
alien and dispose of at their pleasure. 

Sec. 3. Be it further enacted, That the funds of 
said corporation shall only be employed in relieving Distribution of 
the distresses of unfortunate mechanics and their fami-*^""**'" 
lies, in promoting inventions and improvements in the 
mechanic arts, by granting premiums for such inven- premiums. 
lions and improvements, and in assisting young me- 
chanics with loans of money. 

Sec. 4. Be it further enacted, That John Howard 
be, and he hereby is authorized to call the first meet- Fust Meeting 
ing of said corporation, by giving public notice of the 
time and place thereof, in the newspapers printed in 
the Town of Salem, fourteen days, at least, before the 
time of said meeting. 

[Approved by the Grovernor, June 14th, 1822.] 



8 NANTUCKET LAN. SCHOOL. June 14, 1822. 



CHAP. VIL 

An Act to incorporate the Trustees of the Nantucket 
Lancastrian School. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That there be, and hereby is 
established in the Town of Nantucket, in the County 
of Nantucket, a school, by the name of the Nan- 

preambie. tuckct Lancastrian School, for the purpose of promo- 
ting piety and virtue, and to give youth a proper En- 
glish education, in such way as to make the terms of 
tuition as low as possible, that the poor may be ac- 
commodated, and the whole to be regulated as the 
Trustees herein after provided, shall order and direct. 
Sec. 2. Be it further enacted, That John Jenkins, 
Perez Jenkins, John Webster, Jonathan Smith, Job 

Trustees. Colmau, Thomas Davenport, and William Jenkins, 
be, and they hereby are appointed Trustees of said, 
school ; and they are hereby incorporated into a body 
politic, by the name of the Trustees of the Nantucket 

Corporate pow- Laucastrlau School; and they and their successors 

"'* shall be, and continue a body politic and corporate, 

by the same name forever; and they shall annually 
hold a meeting in March or April, for the choice of 
officers, and as much oftener as may be necessary, to 

Choice of officers transact tljeir business; which meetings, after the first, 
shall be called in such way and manner as the Trus- 
tees shall direct. 

Sec. 3. Be it further enacted, That the said Trus- 
tees and their successors, shall have one common seal, 
which they may break, change and renew, from time 
to time, as they shall see fit; and they may sue and be 

General powers, sued, in all actious, real, personal or mixed, and pro- 
secute and defend the same to final judgment and ex- 
ecution, by the name of the Trustees of the Nantucket 
Lancastrian School; and may appoint an agent or 
agents to prosecute and defend such suits. 

Sec. 4. Be it further enacted, That the said Trus- 
tees and their successors, shall and may, at any legal 



NANTUCKET LAN. SCHOOL. June 14, 1822. 9 

meeting, elect a President, and a Secretary to record Trustees may ap- 
tlie doings and transactions of the Trustees, and also^"""" ""^ ' 
a Treasurer to receive and apply the monies of the 
said corporation, as herein after directed : and they 
are hereby made the Visitors, Trustees, and Govern- 
ors of said school, in perpetual succession forever, to 
be continued in the way and manner hereafter spe- 
cified; with full power and authority to elect an In- inspecting com- 
specting Committee, and such other officers of said '"'"'"^^' 
school as they shall judge necessary and convenient; 
and to make and ordain such laws, orders and rules. Rules and orders 
not repugnant to the laws of this Commonwealth, for 
the good government of said school, as to them shall 
seem fit and requisite. 

Sec. 5. Be it further enacted, That the number of the 
Trustees aforesaid, shall not, at any one time, be more Number of ti us. 
than nine, nor less than five: and five shall be neces-*'"'* "'"*'' * 
sary to constitute a quorum for transacting business. 

Sec. 6. Beit further enacted, That as often as one 
or more of the Trustees aforesaid shall die or resign, vacancies fiiieu 
the Trustees then surviving shall elect one or more"^'" 
persons from among the proprietors, to fill such va- 
cancy or vacancies. 

Sec. 7. Be it further enacted, That the Trustees 
aforesaid, and their successors, be, and they hereby 
are rendered capable in law, to take and hold, by gift, 
grant, devise, bequest or otherwise, any lands, tene- 
ments, or other estate, real or personal, which hath May hoid real or 

hi f. 1 • I'll 1*1 personal estate. 

eretoiore been given or subscribed, or which may 

hereafter be given or subscribed, for the purpose 
aforesaid ; provided, that the annual income of the said 
real estate, whether real or personal, shall not exceed 
three thousand dollars, and that such gift or subscrip- Appropriationof 
tion be faithfullj applied according to the real inten- 
tion of the donor; and all deeds and instruments which 
the said Trustees may lawfully make, shall be signed 
by their Treasurer, and sealed with their seal, and 
shall bind the Trustees, and be valid in law. 

Sec. 8. Be it further enacted, That George Cannon, 
Esquire, be, and hereby is authorized and empower- 
ed to appoint the time and place for holding the first First Meetine 
meeting of the said Trustees, and notify them thereof. 

[Approved by the Governor, June 14th, 1822. J 
2 



10 



F. P. IN CMARLESTOWN. June 15, 1822. 



CHAP. VIII. 

All Act in further addition to an Act, entitled ^^Au 
Act to incorporate a Religious Society, by the name 
of the First Parish in the Town of Charlestown. 



Equality of 
membershii> 



Assessments. 



Sec. 1. Be ii enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, all persons who may usually at- 
tend the public worship of God, in the meeting house 
of the First Parish, in the Town of Charlestown, not 
being proprietors of appropriated pews in said house, 
shall be, and hereby are declared to be members of 
said corporation; and they, with their estates, shall, 
in common with the proprietors of pews, who are usual 
worshippers in said house, be liable to a just propor- 
tion of all assessments and taxes that may be necessa- 
ry to defray the charges and expenses of said parish, 
over and above the income arising from the pews as 
now taxed; provided, however, that no greater sum 
than seven hundred and fifty dollars shall be so as- 
sessed and collected in any one year. And all persons 
so becomiog members of said corporation, not being 
proprietors of pews, and paying such assessments as 
may be made to them in manner aforesaid, shall have 

Right of voting, a right to one vote in all tlie concerns of said parish, 
(except such matters and things as may relate exclu- 
sively to the pews in said house,) and shall also be 
entitled to all other rights and privileges, and subject 

Gch^ai priviie-to all duties appertaining to members of said corpora- 

^'- tion. 

Sec. 2. Be it further enacted, That whenever said 
corporation shall vote and grant any sum of money, 
for the defraying of necessary parochial charges, no 
unintentional error in assessing the same by the enu- 
meration of persons not members of said corporation. 

Validity of assess or thc ouiissiou of tliose who are, shall vitiate or annul 

*""*'"■ such assessment, with respect to those who shall be 

otherwise duly assessed. 

[Approved by thc Governor, June 15tb, 1822.] 



CITY MANUFAC. COMP. June 15, 1822. 11 

CHAP. IX. 

An Act to incorporate the City Manufacturing 
Company. 

Sec. 1. 15 E z^ enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Otis Everett, John Persons incorpo- 
French, and Eli Richardson, Junior, their associates, 
successors and assigns, be, and they are hereby incor- 
porated, by the name of the City Manufacturing Com- 
pany, for the purpose of making cotton and woollen 
goods, in Franklin, in the County of Norfolk; and for 
this purpose shall have all the powers and privileges, 
and shall be subject to all the duties and requirements, General power?. 
prescribed and contained in an act passed on the third 
day of March, in the year of our Lord one thousand 
eight hundred and nine, entitled ^<an act defining the 
general powers and duties of manufacturing corpora- 
tions," and the several acts in addition thereto. 

Sec. 2. Be it further enacted, That the said City 
Manufacturing Company, in their corporate capacity, 
may lawfully hold and possess such real and personal May hoia and 

, , *■ 1 • L c possess real and 

estate, as may be necessary and convenient, tor car- peisonai estate. 
rying on said manufactures ; provided, the value of 
the same do not exceed the sum of two hundred 
thousand dollars. 

[Approved by the Governor, June 15th, 1822.] 



CHAP. X. 

An Act to incorporate the High ton Manufacturing 
Company. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Israel JBrayton, Oliver 



i2 DIGHTON MANU. COMP. June 15, 1822. 

Chase, Eliab B. Dean, Josiali Dean, Elislia Lincoln, 
Nalmm Mitchel, James Maxwell, Clark Shove, l:^a.- 

peisonsincorpo-thaniel Wheeler, Nicholas Stephens, and Nathaniel 
Williams, together with sncli othet's as may hereafter 
associate with them, and their successors and assigns, 
be, and they are hereby incorporated, by the name of 
the Dighton Manufacturing Company, for the manu- 
facturing of cotton goods, at their manufactory, situated 
in the Towns of Wellington and Taunton ; and for 

U£aerai powers, thls purpose shall liave all tlie powers and privileges, 
and shall also be subject to all the duties and require- 
ments prescribed and contained in an act passed in 
the year of our Lord one thousand eight hundred and 
nine, entitled "an act defining the general powers and 
duties of manufacturing corporations," and also the 
several acts supplementary thereto. 

Sec. 2. Be it further enacted, That the said cor- 
poration may be lawfully seized of such real estate, 
not exceeding the value of thirty thousand dollars, and 

Capital stock, of sucli persoual estate, not exceeding fifty thousand 
dollars, as may be necessary and convenient for carry- 
ing on the manufacture aforesaid. 

[Approved by the Grovernor, June I5th^ 1822.] 



CHAP. XL 

An Act to incorporate the Trustees of the Ministerial 
Fund in the Second Parish in West Springfield. 

* 

Sec. 1. iSE lY enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, Tliat Timothy Allyn, Gad 

Persons incorpo-Warriner, Samuel Lathrop. Justin Ely, and Jonathan 
Smith, all inhabitants of West Spriiigfield, be, and 
they hereby are constituted a body politic and corpo- 
rate, by the name of the Trustees of the Agawam 
Congregational Fund ; and by that name shall have 

General powers. perpetual succcssion, and may sue and be sued, plead 
and be impleaded, may have a common seal, and shall 



M. F. S. P. W. SPRINGFIELD. June 15, 1822. 13 

possess and enjoy such other powers and privileges, 
as are incident to corporations of a like nature. 

Sec. 2. Be it further enacted^ That the said Trus- 
tees shall have power to take and receive into their 
hands and possession, all such sums of money, or the 
securities therefor, as have been paid or secured to be General powers 
paid, by any of the inhabitants of the Second Parish*" ^"^ 
in West Springfield, towards the support and mainte- 
nance of a Congregational Minister in said parish; 
and may receive and hold such further subscriptions, 
donations, grants, bequests and devises as may here- 
after be made to them, or the inliabitants of said pa- 
rish, for the same purpose, so that the annual income 
of said fund shall not exceed eight hundred dollars; 
the interest of which fund shall be forever appropria- 
ted, annually, towards the support of such Congrega- 
tional Minister, as shall from time to time be ordained 
and settled over that denomination of christians in said / 
parish, or in case of vacancy, towartls the payment of 
such candidate as may be employed by a majority ofinterest of stock 
the people of that denomination to preach within saidbulleiu 
parish, and to no other purpose whatever. It shall not 
be lawful for the said Trustees to appropriate any 
part of the principal of said fund, and they shall use 
their endeavors to preserve the same entire and unim- 
paired. And if the said Trustees, or either of them, 
shall suifer the said fund to be impaired or diminished, 
through their personal misconduct or misapplication, 
they shall severally be responsible to make good such 
loss out of their private estate. 

Sec. 3. Be it further enacted, That the said Trus- 
tees shall have power, and it shall be their duty, to 
fill up all vacancies which may happen in their Board, vacancies to be 
by death, resignation or removal from the Town of ' "^' 
West Springfield. And the said Trustees may, if 
they think proper, increase their number to seven ; but 
shall never suffer their number to be reduced below 
three. 

Sec. 4. Be it further enacted, That the said Trus- 
tees shall appoint a Clerk, who shall be under oath Duty of ckrk. 
faithfully to record all the votes and transactions of 
the Board, and a Treasurer, who shall give bond to 
the Trustees; and their successors, with sufficient sure- 



14 



ADMINISTRA. OF JUSTICE. June 15, 1822, 



ty or sureties, with condition to do and perform all the 
duties incumbent on him as Treasurer; which officers 
shall hold their respective offices, until others shall be 
chosen to succeed them. 

Sec. 5. Be it further enacted , That the records and 
proceedings of the said Trustees shall at all times be 
open to the inspection of any Committee that may be 
appointed for that purpose by the Congregational de- 
nomination of christians in said parish. 

Sec. 6. Be it further enacted, That Timothy Allyn, 
Esquire, be, and he hereby is authorized to call the 
first meeting of the Trustees, at which time they may 
appoint the officers required by this act, and may also 
determine on the mode of calling future meetings of 
their Board; which they may change or alter at any 
subsequent meeting: And it shall always be in the 
power of any two of the Trustees to call a meeting of 
the Board, when they shall think it necessary, by 
Extra meetirigs. leaving a written notification at the dwelling house of 
each of the Trustees, seven days previous thereto, de- 
signating the time and place, and specifying the object 
of the meeting. 

[Approved by the Governor, June 15th, 1822.] 



Doty of Treas 
urer. 



Records to be 
public. 



First Meeting. 



CHAP. XII. 

An Act in addition to an Act, entitled ^<^An Act to 
regulate the Administration of Justice within the 
County of Suffolk, and for other purposes." 



Sec. 1. IjE it enacted by the Senate and House of 

Representatives, in General Court assembled, and by 

the authority of the same, That the Clerk of the Po- 

cierk of Police lice Court wlthlu and for the City of Boston, shall 

^iw the S also be Clerk of the Justices' Court of the County of 

ces' Court. Suffolk. All writs, summonses, and processes issuing 

from said last mentioned Court may be tested by either 

of the Justices thereof, not a party thereto ; and shall 



BOSTON MUNICIPAL COURT. June 15, 1822. 15 

bp signed by the Clerk. And said Clerk, or his As- 
sistant, shall attend all sessions of said Justices' Court, 
and record all proceedings therein had. And said 
Clerk shall make out all writs and processes which 
the said Justices, or either of them, may order, and 
tax all bills of cost. And said Clerk shall receive and 
keep a true and faithful account of all fees taxable by 
law, and payable for blanks, fees of Court, and copies 
in civil suits and actions; and render a true and just 
account thereof quarter yearly to the Board of Ac- 
counts ; and all sums of money by him so received, 
shall be accounted for and paid into the City Treasu- 
ry. And it shall be the duty of said Clerk to make aDutyof cieiu. 
true and faithful record, according to law, of the pro- 
ceedings in every trial and process of a civil nature 
which may be had before said Justices' Court. And 
said quarterly account of said Clerk shall be filed and 
recorded by the City Treasurer, as is provided in the 
fifth section of the act, providing for the administration 
of justice within the County of Sufiblk, and for otlier 
purposes, to which this act is in addition. And said 
Clerk shall be sworn, give bond, and receive a com- 
pensation, as is provided in the fifth section of the act 
aforesaid. 

Sec. 2. Be it further enacted^ That so much of the 
act aforesaid, as is inconsistent herewith, be, and the 
same hereby is repealed. 

[Approved by the Grovernor;, June 15th, 1822.] 



CHAP. XIll. 

An Act respecting the Municipal Court of the City of 
Boston, and regulating the selections, the empan- 
nelling and services of Grand, Traverse, and Petit 
Jurors. 

Sec. 1. 13 E it enacted by the Senate and House of 
Representative^^ in General Court (ussembled, and by 



16 BOSTON MUNICIPAL COURT. June 15, 1822. 

the authority of the same, That the Court of criminal 
jurisdiction, established by an act passed on the 4th 
day of March, in the year of our Lord one thousand 
Title. ' eight hundred, and styled the Municipal Court for the 
Town of Boston, the jurisdiction of which was after- 
wards extended to the County of Suflfolk, sliall here- 
after be known and styled, <'The Municipal Court of 
the City of Boston," with all the jurisdiction, power 
and authority vested in the said Court. 

Sec. 2. Be it further enacted, That if it shall so 
happen, that the Judge of the said Court shall be un- 
able to attend from sickness or any other cause, on any 
day upon which said Court shall be by law, to be 
held, or to which said Court shall stand adjourned, it 
Powers of Clerk, shall aud may be lawful for the Clerk of said Court to 
adjourn the same, either to the next stated term, or to 
such earlier time, and to such place, as the public 
convenience may, in his judgment, require. And it 
shall be the duty of the Sherift* in attendance, or his 
Deputies, to give notice of such adjournment by pro- 
clamation, and by posting or publishing notice thereof, 
or in such manner as the said Court may, by any or- 
der or rule thereof, direct or appoint. 

Sec. 3. Be it further enacted, That the said Court 
shall have power and authority to issue writs of venire 
facias, for the return of Traverse Jurors from the City 
of Boston, conformably to law, whose duty it shall be 
General powers to attcud the Said Muuiclpal Court, and to serve in all 
o court. cases where, by law, trial by Jury is required therein; 

and the said Traverse Jurors, Mho may be drawn and 
returned for the respective terms of said Court held in 
January, April, July and October, in each year, shall 
be held and required to serve as such at the said terms 
respectively, and also at the two terms next succeed- 
ing the said respective terms. 

Sec. 4. Be it further enacted. That so much of the 

laws heretofore made, as required the Traverse Jurors 

drawn and returned to the Court of Common Pleas 

Repeal of iaHs,for the Couuty of Suffolk, to serve at any term of the 

versrji?or».''°'said Muulclpal Court, be, and the same hereby are 

repealed. 

Sec. 5. Be it further enacted, That all the duties 
required of, and powers giveo to towns, by the several 



NAMES CHANGED. June 15, 1822. 17 

laws ^^ regulating the selections^ the empannelling, and 
the services of the Grand, Traverse, and Petit Jurors," Exercise of pow- 
shall be exercised by the Mayor and Aldermen of the rorr"^^"'"^ " 
City of Boston. 

[Approved by the Governor, June 15th, 1822.] 



CHAP. XIV. 

An Act to change the Names of the persons therein 
described. 

JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, the several persons herein named, 
shall be known and called by the names they are re- 
spectively allowed to assume, namely: That George 
Howe, of Boston, bookbinder, may take the name of 
George Gedney Howe; that Jesse Holbrook, of Bos- 
ton, merchant, may take the name of Henry I. Hol- 
brook; both of the County of Suifolk; that Richard 
Wheatland, the third, of Salem, gentleman, may take 
the name of Richard Goodhue Wheatland; that John 
Tarbox Balsh, of Newburyport, merchant, may take Names changed, 
the name of John Theodorick Balsli ; that Amos Buss, 
of Salem, trader, may take the name of Amos Sawyer 
Thornton; that Francis Huntress, of Salisbury, a mi- 
nor, may take the name of Joshua FoUensbee; all of 
the County of Essex; that Timothy Brown, of Read- 
ing, painter, may take the name of Timothy Noyes 
Brown; that Sarah Brown, of Billerica, may take the 
name of Sarah Putnam Brown ; children of Timothy 
Brown, of Tewksbury, all of the County of Middle- 
sex; that Daniel Hunt, of Weymouth, cordwainer, 
may take the name of Albert Hunt, of the County of 
Norfolk; that Jahleel Brenton, of Plymouth, in the 
County of Plymouth, printer, may take the name of 
James Jahleel Brenton; that Joseph Carpenter, the 
second, of Rehoboth, house wright, in the County of 
3 



48 BRIDGE OVER CHARLES RIV. June 15, 1822. 

Bristol, may take the name of Joseph Carpenter 
Brown; that Sherebiah Hunt, Junior, of Ashburn- 
,.. ham. may take the name of Charles S. Hunt; that 
Benjamin Savage, of Graflon, husbandman, may take 
the name of Benjamin Dillingham Phelps: that Zenas 
Htiidley, of Western, housewright, may take the name 
of Henry Zenas Studley ; that Squire Wood, of Graf- 
ton, may take the name of Abijah W^ood, all of the 
County of Worcester; that George Williams, of Deer- 
field, in the County of Franklin, may take the name of 
John George Williams: And the said several persons 
lit^iein named, shall hereafter be called and known by 
the names, w hich, by this act, they are respectively 
allowed to assume as aforesaid; and the same shall be 
considered as their only proper and legal names. 

[^Approved by the Governor, June 15th, 1822.] 



.: CHAP. XV. 

An Act to empower the Court of Sessions in the Coun- 
ty of Middlesex to authorize the erection of a Bridge 
across Charles River. 

JdE it enacted by the Senate and House of 
liefresentatives^ in General Court assembled, and by 
the authority of the same. That the Justices of the 
Court of Sessions, within and for the County of Mid- 
dlesex, may, and they are hereby empowered to au- 
thorize and direct any person or persons, corporation 
Court of Sessions or corporatious, on application therefor, at their dis- 
bndKt"tobebJriit cretion, to erect and maintain a bridge, either with or 
verlfromwaur- without a draw, across Charles River, from Water- 
ng °n|.Q^j^ ^Q Brighton, to be open and free for all persons 
whomsoever, to travel over and upon at their pleasure; 
'provided, that no part of the expense of erecting and 
supporting such bridge shall ever be chargeable upon 
the County of Middlesex, or any of the towns belong- 
ing thereto, without their consent. 

[Approved by the Governor, June I5tli, 1822.] 



WOODEN BUILDINGS. June 15, i822. 19 



CHAP. XVI. 

An Act to provide for the erection of Two Story Wood- 
en Buildings in the City of Boston. 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, it shall be lawful to erect, within 
the City of Boston, two story wooden buildings, to be two story wood- 
used for dwelling houses and for no other purpose, ex-bewectedf ""^^ 
cept for such purposes as may be approbated by the 
Firewards of said City of Boston, of the following 
description, to wit: The posts to be not more than 
eighteen feet — the roof to be of a regular pitch of one 
third ; — the bottom of the sills to be elevated not ex- 
ceeding eighteen inches above the level of the street, 
or above the point where such level shall be determin- 
ed on by the city authorities; such buildings in no case 
to be more than thirty feet in height from the bot- 
tom of the sill to the highest point of the roof; and in 
no case to be more than forty by twenty five feet on 
the ground : — The roof to be slated, and to have at 
least one window or scuttle in the same. 

Sec. 2. Be it further enacted, That whenever two 
or more buildings as aforesaid shall be joined together, 
there shall be a partition wall of brick, at least eight in- Brick partition 
ches in thickness, to extend in height at least to an even^*"'' 
surface with the under side of the slating of the roof; 
and whenever any such building shall be erected 
within five feet of the boundary line of the owner or 
owners of the land on which it may be built, unless 
such boundary line be on the highway, it shall have a 
brick wall of like thickness on the side so adjoining: 
Provided, that no two story wooden buildings provi- 
ded for in this act, shall be erected within ten feet of 
each other, unless one of them have a brick wall on 
the side next adjoining, of the dimensions aforesaid. 

Sec. 3. Be it further enacted^ That whenever any 
out buildings shall be connected with the dwelling 
houses provided for in this act, of more than eleven 



20 



SEC. CONG. SOC. IN LYNN. June 15, 1822. 



Slated roofs. 



Restrictions, 



Penalties. 



Befpealoflaws. 



feet in height, the roof of such out buildings shall be 
covered with slate. 

Sec. 4. Be it further enacted, That from and after 
the passing of this act, no wooden building shall be 
erected within the City of Boston, except in that part 
called South Boston, in a range of more than fifty 
feet extent, without the intervention of a brick parti- 
tion wall, of at least eight inches in thickness, such 
wall to extend six inches at least above the surface of 
the roof; and no wooden buildings shall be placed 
within four feet of each other, unless the wall of one 
of them so adjoining, be of brick or stone, of the thick- 
ness aforesaid. 

Sec. 5. Be it further enacted, That any person 
who shall be convicted in due course of law, of viola- 
ting any of the provisions of this act, either by himself 
or agent, shall forfeit and pay for each and every such 
violation, not less than fifty, nor more than five hun- 
dred dollars; which penalty he shall pay annually, 
until such building shall be removed, or constructed, 
according to law; one half of said penalty to enure 
and be paid to the person who shall complain or sue 
for the same, and the other half to said City of Bos- 
ton ; the same to be recovered in an action of the case, 



or by indictment. 

Sec. 6. Be it further 



enacted. That all law s now 



in force, so far as they are inconsistent with the pro- 
visions of this act, be, and the same are hereby re- 
pealed. 

|] Approved by the Governor, June 15th, 1822.] 



CHAP. XVII. 



An Act to incorporate the Second Congregational 
Society in Lynn. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Samuel Brimblecom, 



AMESBURY FLANNEL CO. June 15, 1822. 21 

Ezra Hitcliings, William Badger, Henry Newhall, peiwns incorpo- 
Henry A. Breed, James Phillips, Junior, William '^^"'''* 
Chadwick, George Bracket, and Benjamin Cliftbrd, 
with their associates and successors, be, and they 
hereby are incorporated as a religious society, by the 
name of the Second Congregational Society in Lynn; 
with all the privileges, powers, and immunities, to 
which other religious societies in this Commonwealth 
are by law entitled. 

Sec. 2. Be it further enacted, That said society 
shall be capable in law, to purchase, hold and dis- 
pose of any estate, real or personal, for the use of said 
society; provided, the annual income thereof shall not General powers. 
exceed at any time, the sum of three thousand dollars. 

Sec. 3. Be it further enacted, That the said socie- 
ty may have power to elect all necessary officers, and 
to order and establish such regulations, rules and by. Rules and by- 
laws for their government, and for the management of '*'*'■ 
their property and concerns, as they may see fit; pro- 
vided, the same be not repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 4. Be it further enacted, That the persons 
named in the first section of this act, or either of them, 
may cause the first meeting of said society to be called, First Meetisg. 
for any purpose specified by them, to be posted up in 
some public place in said Lynn, giving notice of the 
time and place of said meeting ; at which meeting said 
society may agree on the mode of notifying future 
meetings. 

[Approved by the Grovernor, June 15th, 1822.] 



CHAP. XVIIL 

An Act to incorporate the Amesbury Flannel Manu- 
facturing Company. 

Sec. 1. jKE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and hy 
the authority of the same^ That Amos Lawrence and 



22 LECHMERE POINT CORPO. June 15, 1822. 

Persons incorpo- Abbott Lawvciice, their associates, successors and as- 

"*"*■ signs, be, and they are hereby made a corporation, by 

the name of the Amesbury Flannel Manufacturing 
Company, for the purpose of manufacturing wool, at 
Amesbury and Salisbury, in the County of Kssex; 
and for this purpose shall have all the powers and 

General powers, privileges, and be subject to all the duties and re- 
quirements, contained in an act passed on the third 
day of March, in the year of our Lord one thousand 
eight hundred and nine, entitled "an act defining the 
general powers and duties of manufacturing corpora- 
tions,"' and the acts in addition thereto. 

Sec. 2. Be it further enacted, That the capital 

Stock limited, stock of Said corporation shall not exceed the sum of 
one hundred and fifty thousand dollars ; and they may, 
in addition to the sum aforesaid, be lawfully seized 
and possessed of such real estate, as may be necessary 
and convenient for the purpose aforesaid, not exceed- 
ing the value of seventy five thousand dollars, inclu- 
ding the buildings and improvements that may be 
made thereon, by the said corporation. 

[Approved by the Governor, June 15tli, 1822.] 



CHAP. XIX. 

An Act in addition to an Act, entitled "An Act to in- 
corporate certain persons into a Company, by the 
name of the Lechmere Point Corporation.'' 

Sec. 1. OE it enacted by the Senate and House of 
KepresentativeSf in General Court assembled, and by 
the authority of the same. That an act, entitled " an 
act to incorporate certain persons into a company, by 
the name of the Lechmere Point Corporation," be, and 
the same is hereby revived and continued in force, for 
Continuation ofthc term of six months from the passing of this act, 
corporate power. ^^ J HO longer, to the end of enabling said corporation 
to sell and dispose of their estate, by partition or oth 
erwisc; and to sett'e their affairs. 



DUTIES OF SHERIFF. June 15, 1822. 23 

Sec. 2. Be it further enacted, That it shall be, and 
hereby is made lawful for the proprietors of the Canal 
Bridge, so called, to purchase of said Lechmere Point 
Corporation, all the flats belonging to the said propri-puidiaae of flats. 
etors, and also such part of the upland belonging to 
the said proprietors, not exceeding ten acres in the 
whole, as they may judge to be convenient and advan- 
tageous to their interest in said bridge, and to hold^ 
improve, or sell the same, as they may see fit. 

Sec. 3. Be it further enacted, That it shall be 
lawful for the said proprietors, and their legal repre- 
sentatives, and for the guardians of minors interested 
in said land, if need be, to grant, sell and convey to 
the said corporation, their respective rights, title and Righu maybe 
interest in said land, to the end that the same may be"*'"^" 
revested in said corporation, in the same manner, and 
to the same uses and intent as if the said act, to which 
this is in addition, had not expired : Provided always, proviso. 
that this act shall not be in force or take effect, until 
all and each of said proprietors, or their legal repre- 
•sentatives, and the said guardians of minors, shall by 
writing, under their hands, have expressly consented 
to the same. 

[Approved by the Grovernor, June 15th, 1822.] 



CHAP. XX. 

An Act in addition to an Act, entitled " An Act defi- 
ning the general powers and duties, and regulating 
the office of Sheriff.'^ 

Sec. 1. JjE zY enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That no Constable shall be 
suffered to appear in any Court, or before any Justice Restriction of 
of the Peace, as Attorney to, or in behalf of, any party *^'""**"''" 
in a suit, nor shall such Constable be allowed to draw, 
make, or fill up any plaint, declaration, writ or process. 



24 PRESERVATION OF FISH. June 15, 1822. 

Sec. 2. Be it further enacted, That if any Consta- 
ble shall be guilty of a breach of this act, he shall 
Penalties. forfeit and pay the sum of fifty dollars, to be recovered 
by action of debt, in any Court proper to try the same, 
to be for the use of the person who may sue or prose- 
cute therefor. 

Sec. 3. JBe it further enacted. That this act shall 
take effect, and be in force from and after the first day 
of July next. 

[Approved by the Governor, June 15th, 1822.] 



CHAP. XXI. 

An Act to prevent the destruction of Pickerel and 
Trout, in the rivers, streams, and ponds, within 
this Commonwealth. 

JjE it enacted by the Senate and House of 
Rejpresentatives, in General Court assembled, and by 
the authority of the same, That from and after the first 
day of July next, it shall not be lawful to take or catch 
any pickerel or trout, in any of the rivers, streams, or 
ponds within this Commonwealth, by day or by night, 
AngUng. in any other way or manner, than by hooks and lines ; 
and every person so offending, contrary to the true in- 
tent and meaning of this act, upon conviction tliereof 
before any Court of competent jurisdiction, for the 
county where the oifence is committed, shall pay a 
fine of fifty cents, for each and every pickerel or trout 
so taken; which fine shall be paid to the person who 
may sue for and recover the same. 

[Approved by the Grovernor, June 15th, 1822.] 



CONGRESSIONAL DIST'S. June 15, 1822. 25 



CHAP. XXII. 

An Act to divide the Commonwealtii into Districts, foF 
the choice of Representatives in the Congress of the 
United States, and prescribing the mode of election. 

Sec. 1. i^Fjjt enacted by the Senate and House of 
Mejiresentatives, in General Court assembled^ and by 
the authority of the same, That this Commonwealth 
be, and it hereby is, divided into thirteen districts, as 
are in this act defined and described, for the purpose Arrangement of 
of choosing R.epresentatives, to represent this Com- Diiuicw.'""*' 
monwealth in the Congress of the United States, after 
the present Congress; in each of which districts, one 
Representative, being an inhabitant of the district for 
which he shall be elected, shall be chosen in the 
manner hereinafter described. 

Sec. 2. Be it further enacted, That the said thir- 
teen districts shall be formed and limited in manner 
folli)wing — that is to say: 

The City of Boston shall constitute one district, tosuffgut. , 
be called Suffolk District. 

The Towns of Salem, Beverly, Gloucester, Man- 
cliester, Danvers, Lynnfield, Lynn, Marblehead, and 
Saugus, in the County of Essex, together with the 
Town of Chelsea, in the County of Suffolk, shall form 
one district, to be called Essex South District. e.scjt. ^ 

The towns and districts in the County of Essex, not 
included in Essex South District, together with the 
Towns of Dracut, Tewksbury, Billerica, and Wil- 
mington, in the County of Middlesex, shall constitute 
one district, to be called Essex North District. 

The towns and districts in the County of Middle- 
sex, excepting the Towns of Ashby, Townsend, Shir- 
ley, Pepperell. Groton, Dracut, Tewksbury, Billerica, Middlesex. 
Wilmington, Brighton, Newton, Natick, Sherburne, 
Holliston, Hopkinton, and Framingham, shall consti- 
tute one district, to be called Middlesex District. 

The following towns and districts in the County of 
Worcester, viz: Northborough, Worcester, Shrews- Worcester. 
bury, Paxton, Oakliam, New Braintree, Hard wick, 
4 



26 



CONGRESSIONAL DIST'S. June 15, 1822. 



Worcester. 



Franklin. 



Hampden. 



Berkshire. 



>'orrolk. 



Plymouth. 



Bristol. 



Soutliborougli, Westboroiigh, Leicester, BrooMeld, 
North Brookiiekl, Speucer, Ward, Grafton, Western, 
Upton, Charlton, Oxford, Sutton, Milford, Sturbridge, 
Northbridge, Dudley, Douglas, Uxbridge, Mendon, 
Milbury, and Southbridge, shall constitute one dis- 
trict, to be called Worcester South District. 

The towns and distri( ts in the County of Worces- 
ter, not included in Worcester South District, together 
with the Towns of Ashby, Shirley, Townsend, Pep- 
perell, and Groton, in the County of Middlesex, shall 
constitute one district, to be called W^orcester North 
District. 

The towns and districts in the County of Franklin, 
together with the Towns of Pelham, Prescott, Amherst, 
liadley, Hatfield, Williamsburg, Goshen, Greenwich, 
Chesterfield, and Knfield, in the County of Hamp- 
shire, shall constitute one district, to be called Frank- 
lin District. 

The towns and districts in the County of Hampden, 
together w4th Towns of Belchertown, East Hamp- 
ton, Granby, Northampton, Norwich, South Hadley, 
Southampton, Ware, and Westhampton, in the Coun- 
ty of Hampshire, shall constitute one district, to be 
called Hampden District. 

The towns and districts in the County of Berkshire, 
together with the Towns of Middlefield, Cummington, 
Worthington, and Plainfield, in the County of Hamp- 
shire, shall constitute one district, to be called Berk- 
shire District. 

The towns and districts in the County of Norfolk, 
excepting the Towns of Weymouth, Cohasset, and 
Quincy, together with the Towns of Hopkinton, Hol- 
liston, Sherburne, Framingham, Natick, New ton, and 
Brighton, in the County of Middlesex, shall constitute 
one district, to be called Norfolk District. 

The towns and districts in the County of Plymouth, 
excepting Wareham, Rochester, and Carver, together 
with the Town of Raynham, in the County of Bristol, 
and the Towns of Weymouth, Cohasset, and Quincy, 
in the County of Norfolk, shall constitute one district, 
to be called Plymouth District. 

The towns and districts in the County of Bristol, ex- 
cepting the Town of Raynham, shall constitute one 
dictrict, to be called Bristol District. 



CONGRESSIONAL DIST'S. June 15, 1822. 27 

The towns and districts in the Counties of Barns- 
table, Nantucket, and Dukes' County, together with 
the Towns of Warehain, Rochester, and Carver, in Bamstawe. 
the County of Plymouth, shall constitute one district, 
to be called Barnstable District. 

Sec. 3. Be it further enacted, That the Mayor and 
Aldermen of the City of Boston, and the Selectmen of 
the several towns and districts within this Common- 
wealth shall, in manner as the law directs for holding 
elections therein, cause the inhabitants of their respec- 
tive towns and districts, duly qualified to vote for 
Representatives in the Greneral Court of this Com- 
monwealth, to assemble on the first Monday of No- 
vember, biennially, beginning in November next, to Biennial eiec- 
give in their votes for their respective Representatives ; November! '" 
and. at such town and district meetings, the Selectmen, 
or the major part of them, shall preside, and shall, in. 
open town meeting, receive, sort and count the votes, 
and shall form a list of the names of the persons voted 
for, with the number of votes for each person written 
in words at length, against his name; and the Town 
Clerk shall make a record thereof, and the Selectmen 
shall in such meeting make public declaration of the 
persons voted for, and of the number of votes they re- 
spectively have, and shall in open town meeting seal 
up the said lists, certified by the Selectmen, and ex- 
press upon the outside of the said list, the district in 
which the votes were given, and shall transmit the Returns of votes 
same within fourteen days next after such meeting, to 
the Secretary of the Commonwealth, or to the Sheriff 
of the county in which such toM^n or district lies, who 
shall transmit the same to the Secretary of the Com- 
monwealth, within forty days next after the time of 
holding such meeting: and in the said City of Boston, 
the said election shall be held, and all the proceed- 
ings thereon had, and the returns thereof made in 
conformity with the directions of the act establishing 
the City of Boston ; and the Secretary shall lay the 
same before the Grovernor and Council; and in case of 
an election for any district, by a majority of the votes 
returned from such district, the Governor shall forth- 
with transmit to the person so chosen, a certificate of 
such choice, signed by the Governor^ and countersign- 



28 CONGRESSIONAL DIST'S. June 15, 1822. 

ed by the Secretary; and the Selectmen of such towns 
and districts as lie within any county in which there 
may be no Sheriff, shall return such list to the Secre- 
tary's OflBce, within the same term of time as Sheriffs 
are required to do. 

Sec. 4. He it further enacted, That in case no per- 
son shall be chosen by a majority of all the votes re- 
turned from any district, tiie Governor shall cause 
precepts to issue to the Mayor and Aldermen of tlie 
City of Boston, or the Selectmen of the several towns 
and districts, within such district, directing and requi- 
ring such Mayor and Aldermen, or Selectmen to cause 
Elections to be the inhabitants of their respective towns and districts, 
cQinpee qualified as aforesaid, to assemble as aforesaid, on a 
(lay in such precept to ]>e appointed, to give their votes 
for a Representative in Congress aforesaid; which 
precept shall be accompanied with a list of persons 
voted for in such district, shewing the number of votes 
for each person, according to the first return; and the 
same proceedings shall be had thereon, and the same 
returns made in all respects, as before directed in this 
act; and like proceedings shall be had as often as 
occasion may require. 

Sec. 5. Be it fui'thcr enacted, That whenever any 
vacancy shall happen in the representation of this 
Commonwealth in the Congress of the United States, 
the Governor shall cause precepts to issue to the said 
Mayor and Aldermen, or Selectmen of the several 
towns and districts, within any district in w hich such 
Vacancies to be vacaucy may happen, directing and requiring them to 
"^* cause the inhabitants of their respective towns and dis- 
tricts to assemble on a day, in such precept to be ap- 
pointed, to give in their votes for a Representative to 
supply such vacancy; and like proceedings in all re- 
spects, shall be had, from time to time, as are herein 
before provided. 

Sec. 6. Be it further enacted, That it shall be the 
duty of the several Sheriffs of the several counties of 
the Commonwealth, on receiving copies of this act, or 
any precept from the Governor, for the purpose herein 
mentioned, to transmit the same, seasonably, to the 
Selectmen of the several towns and districts withia 
their respective counties^ to whom such precepts or 



CONGRESSIONAL DIST'S. Jiine 15, 1822. 29 

copies may be directed. And tlie several Sheriffs 
shall for the said service, be entitled to receive out of 
the Treasury of this Commonwealth, fifty cents for Fees to shefifss, 
each of the copies and of the precepts so by them>"Jte5?"""' 
sea«onMbly distributed to the Selectmen of the towns 
and districts as aforesaid; and for returning the votes 
fnun ail the towns within the respective counties, 
which may be sj-asonably delivered to him as afore- 
said, each Sheriff shall be entitled to receive seven- 
teen cents per mile, computing from the place of abode 
of each Sheriff to the Secretary's Office; and in either 
case, the Sheriffs shall present their accounts to the 
Committee on Accounts for examination and allowance. 

Skc. 7. Be it further enacted, That any Sheriff 
who shall neglect to perform the duties which by this 
act he is directed to perform, shall for each neglect 
forfeit and pay a sum not exceeding two thousand Penalties for a 
dollars, nor less than two hundred dollars, for ^ny ^'^'^*'"'^'^"*^* 
such neglect; and if any Selectmen, or the Mayor, or 
either of the Aldermen, or Ward Officers of the City 
of Boston, shall neglect to perform any of the duties 
which by this act they are required to perform, each 
officer so neglecting, shall forfeit and pay a sum not 
exceeding two hundred dollars, nor less than thirty 
dollars, for any such neglect; any of the forfeitures 
aforesaid to be recovered by indictment before any 
Court of competent jurisdiction; which forfeiture shall 
enure one half thereof to the person or persons who 
shall prosecute therefor, and the other half to the use 
of the Commonwealth. 

Sec. 8. Be it further enacted^ That this act shall 
continue and be in force, until a new apportionment Duration of this 
of Representatives among the several States, shall be^"" 
made. 

Sec. 9. Be it further enacted, That an act, entitled 
"an act to divide the Commonwealth into districts for 
the choice of Representatives in the Congress of the 
United States, and prescribing the mode of election,'' 
passed on the fourteenth day of June, in the year of 
our Lord eighteen hundred and fourteen, and all other 
acts in addition thereto, be, and the same are hereby 
repealed; excepting so far as said act or acts may Laws repeaieii. 
provide for the choice of any Representative or Re- 



20 



£ftceptions. 



KUTTA HUNK ISLAND. 



June 15, 1822. 



presentatives to fill any vacancy or vacancies which 
may occur before the end of the present Congress, and 
excepting also so far as the same act or acts may have 
relation to the prosecution and recovery of any forfeit- 
ure or forfeitures for any breaches thereof. 

("Approved by the Governor, June 15th, 1822.] 



CHAP. XXIII. 

An Act to cede to the United States the jurisdiction 
of a site for a Light House on the Island of Kutta 
Hunk. 



'Cess: 
for a 



JjE it enacted hy the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That the jurisdiction of two 
acres of land on the north western extremity of the 
Island of Kutta Hunk, in this Commonwealth, be, and 
hereby is granted to the United States of America, 
ion of land, for the purpose of erecting a light house on the same; 
'on KMtxAUvLnk,'' provided, that this Commonwealth shall retain, and 
does hereby retain, concurrent jurisdiction with the 
United States, in and over said land, so far, as that 
all civil and criminal processes issued under the au- 
thority of this Commonwealth, or any officer thereof, 
may be executed on any part of said land, or in any 
building which may be erected thereon, in the same 
way and manner, as if jurisdiction had not been grant- 
ed as aforesaid. 

[Approved by the Grovernor, June 15th, 1822.] 



PITTSFIELD MINIS. FUND. June 15^ 1822. 31 



CHAP. XXIV. 

An Act to incorporate the Trustees of the Ministerial 
Fund in the Town of Pittsfield, in the County of 
Berkshire. 

Sec. 1. JDE it enacted by the Senate and House of 
Representatives^ in General Court assembled, arid by 
the authority of the same, That Deacon Daniel Crow- persons injorpo- 
foot, Calvin Martin, Samuel M. McKay, Thomas B. ''*''*'• 
Strong, Joseph Shearer, Nathan Willis, and John C. 
"Williams, Esquires, all of said Pittsfield, be, and 
they are hereby appointed Trustees for the prudent 
management of the fund of the Congregational Society 
in the said town; and for that purpose shall be a body 
corporate and politic, by the name of the Trustees of 
the Congregational Ministerial Fund in Pittsfield; 
and they and their successors in that office, shall have 
and use a common seal, and by the same name may General powers. 
sue and be sued in all actions, real, personal or mixed, 
and may prosecute and defend the same to final judg- 
ment and execution; and shall exercise all other pow- 
ers and privileges incident to similar corporations: 
and the same Trustees, and their successors, may and 
shall annually elect a President, and a Treasurer, to Annual election 

• J ij.1 • i"i 1' I of officers. 

receive and apply the monies which may be given to 
the said fund, as he may from time to time be directed 
by the Trustees ; of which receipts and expenditures, 
he shall keep a correct account, open at all times to 
the inspection of the said Trustees. 

Sec. 2. Be it further enacted. That the said Trus- 
tees, and their successors in office, shall annually elect 
a Clerk, who shall be sworn faithfully to record the 
doings of the said Trustees, and may also elect and 
appoint any other needful officers or agents, for the 
better management of their concerns; and all such 
elections shall be by written votes. 

Sec. 3. Be it further enacted, That the number ofNnmberof rr.i»i 
Trustees shall never exceed seven, nor be less than**^^'' 
five, any four of whom may be a quorum for doing 
business , and they shall have power, from time to 



32 



PITTSFIELD MINIS. FUND. June 15, 1822. 



Treasurer to 
give bond. 



time, to fill vacancies in their number, liappeuin^ by 
death, resignation, or removal from said Town of Pitts- 
field ; and the said Trustees, and each of them, shall 
RMpomibiiity. be responsible to the said society for their personal 
misconduct or neglect, and liable to prosecution for 
any loss or damage to the said funds, arising thereby; 
and the debt or damage recovered in such case, ahhW 
be considered as belonging to the said fund, and ap- 
plied accordingly. And the said Trustees shall hold 
Teftiiy Meeting, a meeting yearly in March or April, and as often as 
the affairs of the said fund may require; which meet- 
ing shall be notified and called in such way and man- 
ner as the said Trustees, at any meeting, may order 
and direct; and the Treasurer of the said fund shall 
give bond to the acceptance of the said Trustees, 
whose duty it shall be to obtain the same, for the 
faithful performance of his duty, and be at all times 
responsible for the faithful application and expendi- 
ture of monies which may come into his hands, con- 
formably to the true intent and meaning of this act, 
and for all negligence or misconduct of any kind in 
said offit e. 

Sec. 4. Be it further enacted^ That the said Trus- 
tees be, and they are hereby empowered to sell and con- 
May seii and convey the ministerial lot of land lying in said Pittsfield, 
appropriated for the use of the ministry, and to make, 
execute, and acknowledge good and sufficient deeds 
thereof; which deed or deeds, subscribed by ihe 
Treasurer, and countersigned by the Clerk, with the 
seal affixed, shall be good and efl'ectual in law, to 
convey the fee simple from said parish to the purcha- 
sers; and the proceeds of such sale shall constitute a 
part of said fund ; and the said Trustees shall be 
holdeu to render to the said Congregational Society a 
true account of their doings respecting said fund year- 
ly, and the amount of its income, and to provide that 
the income thereof shall be duly and regularly applied 
to the use designed, to wit, to the support of the pub- 
lic worship of God in the said society. And the said 
Trustees and others, who may be employed by them 
in the business of the said fund, shall receive no com- 
pensation therefor from the monies of the said fund, 
but a reasonable compensation may be made to them 
by the parish; at their discretion. 



vey land. 



Appropiiation 



Appropr 
of funds. 



ESSEX MILL CORPORA. June 15, 1822. 33 

Sec. 5. Be it further enacted, That the said Trus- 
tees and their successors be, and they are hereby em- 
powered to take and hold, by gift, grant, or otherwise, 
any real or personal estate, for securing the interest of Maj iioid leai & 
said fund; provided, the annual income thereof shalP"""''' "^''' 
not exceed the sum of two thousand dollars. 

Sec. 6. Be it further enacted. That if said Trus- 
tees, or their successors in office, shall ever wittingly 
and designedly apply any part of said fund, or any 
part of the interest thereof, to any other use or pur- 
pose than is provided for in this act, then their autho- 
rity and poAver as Trustees shall become void; or Disposition of 
should the said Town of Pittsfield, into whose treasu- "°"''^'"'"' 
ry the interest aforesaid is to be paid, apply the same 
contrary to the intent of the donors, tlien the said fund 
shall revert to the original donors respectively, and 
their heirs, in the same proportion as first given by 
them. 

Sec. 7. Be it further enacted, That any Justice of 
the Peace for the County of Berkshire, upon applica- 
tion therefor, is hereby empowered to issue a warrant 
to one of the Trustees before named, requiring him to 
notify and call the first meeting of the said Trustees, first Meeting. 
at such convenient time and place as shall be appoint- 
ed in said warrant, to organize the said corporation, 
by the election and appointment of its officers. 

[Approved by the Governor, June 15th, 1822.] 



CHAP. XXV. 

An Act to establish the Essex Mill Corporation. 

Sec. 1. OE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and hy 
the authority of the same. That John Dexter, Win- persons intoipo- 
throp Low, William Andrews, Junior, Creorge Choat, '*^'"^' 
Dudley Choat, Enoch Low, Ezra Perkins, Joshua 
Low, John Choat, and James Perkins, their associ- 
ates^ successors and assigns, be^ and they hereby are 
5 



84 ESSEX MILL CORPORA. June 15, 1822. 

made a body politic and corporate, by the name of the 
Essex Mill Corporation; and by that name may sue 
and be sued, prosecute and be prosecuted to final judg- 
ment and execution thereon, in any Court or Courts 
within this Commonwealth; and said corporation shall 
General powers, have power to make and use a common seal, and the 
same to break and alter at pleasure; and may, fr-om 
time to time, make such by-laws, not repugnant to the 
constitution and laws of this Commonwealth, and ap- 
point such officers and agents, and give them such 
authority as may be necessary for the due regulation 
of their affairs ; and to promote the objects of the cor- 
Mayhoid real &poration, may hold real and personal estate, not ex- 
ceeding in value the sum of ten thousand dollars, and 
may do and suflFer all other acts and things which 
bodies corporate may or ought to do or suffer. 

Sec. 2. Be it further enacted, That said corpora- 
May buud cam. tion may build a dam across Chebacco River, at or 
near the Great Bridge, so called, in the Town of Es- 
sex, in the County of Essex, with gates twenty feet 
wide, for the passage of large boats and other water 
craft, free of toll, and sluice ways aud other erections 
necessary to admit and detain the tide waters from the 
upland, on the north side of said river to the upland 
at Thompson's Island, so called, on the south side 
thereof, at the heighth of the surface of the marshes ; 
and may erect a saw mill and other mills thereon: 
Proviso. provided, said corporation shall make in or at the end 

of said dam a good and sufficient lock or locks, fifteen 
feet wide and fifty feet in length, for the passage of 
flat bottom boats, gondolas, and other water craft, and 
Free toll. sliall attend and admit the same, free of toll, through 
said lock, for the ordinary purposes of ))usiness at all 
times when requested, except Sundays; and provided, 
also, that said corporation shall make a waste gate, 
twelve feet wide, and eighteen inches deep from the 
top of said dam, which shall be kept open at all times 
when the high marshes are flowed above said dam. 
And said corporation may keep and maintain all their 
said mills and works forever, and no person shall 
dispose of said waters, without the consent of said 
corporation. 

Sec. 3. Be it further enacted. That the stock and 
property of said corporation shall be divided into one 



/ 
ESSEX MILL CORPORA. June 15, 1822. 35 

hundred shares, and shall be deemed and taken to be shares of stock. 
personal estate; certificates of which shares shall issue 
under the seal of said corporation, signed by the Pre- 
sident, and countersigned by the Treasurer thereof; 
and said shares may be transferred by deed duly ex- 
ecuted and acknowledged before any Justice of the 
Peace, and recorded by the Clerk of said corpora- 
tion, in a book to be kept for that purpose. 

Sec. 4. Be it further enacted^ That John Dexter, 
Winthrop Low, and William Andrews, Junior, or the 
major part of them, may call tlie first meeting of said Fim Meeting. 
corporation, by posting up notifications of the time and 
place of holding the same, in two or more public places 
in said Town of Essex, ten days at least before the 
time of holding the same; at which meeting a Clerk 
shall be chosen and sworn to record the doings there- 
of, and a Committee of three persons shall be raised to 
open a subscription for said shares; and Avhen sixty subscriptions. 
shares shall be subscribed for, (no person being per- 
mitted to subscribe for more than twenty five shares,) 
the said Committee shall call a meeting of the subscri- 
bers, at some convenient time and place, for the pur- 
pose of more fully organizing said corporation ; at 
which meeting, each subscriber shall be entitled to as 
many votes as he has shares. 

Sec. 5. Be it further enacted, That said corpora- 
tion, or its officers duly authorized by its by-laws, 
may lay such assessment on the shares subscribed for. Assessments. 
not exceeding one hundred dollars on each share, as 
may be necessary to effect the object of said corpora- 
tion; and in case the sum so raised shall be insufficient 
for that purpose, the said corporation, or its officers 
aforesaid, may raise the necessary funds by selling 
any of said shares that shall not be taken up by sub- 
scription, or by creating and selling any number of 
shares over and above the number of one hundred 
herein before provided for. And if any assessment 
shall not be paid within thirty days from the time ap- 
pointed therefor, the Treasurer siiall sell the share or Delinquent 
shares on which such assessment remains due, or so' "'"'" 
many of them as shall be necessary to raise the amount 
due from any proprietor, with interest and charges, at 
public vendue; first giving notice of the time and place 



36 ESSEX MILL CORPORA. June 15, 1822. 

of sale, by posting up notifications thereof in two or 
more public places in said Town of Essex, and in two 
or more adjoining towns, ten days at least, previous to 
Notice of sale, sald Sale; and the surplus of the proceeds of sucli 
sale, after paying the amount due as aforesaid, shall 
be paid to the former owner of the share or shares 
sold ; and the Treasurer's deed of such shares, duly 
executed, acknowledged and recorded, by the Clerk 
of the corporation as aforesaid, shall pass the said 
share or shares to the purchaser, to all intents and 
purposes, and shall entitle him to a certificate thereof; 
or said corporation may have an action of debt in any 
Court competent to try the same, to recover the amount 
of said assessment, with interest and cost, at their elec- 
tion. 

Sec. 6. Be it further enacted. That if said corpo- 
ration shall not build, or cause to be built, the dam 
aforesaid, and shall not erect a saw mill or other mills 
Avithin five years from the passing of this act, then the 
same shall be void. 

[Approved by the Governor, June 15th, 1822.] 



CjOTOdxaon'we-aVtli of ^lassaclvusetts. 



Secretary's Office, Jnltj 2ith, 1822. 
BY tills I certify. That the Acts contained in this pamphlet, and passed 
at the Session of the Legislature beginning May 29th and ending June 
15th, 1822, have been compared with the originals in this office, and ap- 
pear to be correct. 

A. BRADFORD, Secretary of the Common-wealth. 



INDEX 

TO LAWS PASSED IN JUNE, 18S2. 



A. 

Amesbury Flannel Manufactory, - 21 

B. 

Billingsgate Island ceded to United States, for a Light House, - S 

Boston, Associated Housevvrights in, ------ 5 

" Iron Company, -------- 6 

" Police Court in, 14 

" Municipal Court in, - - - - - - - 15 

" Wooden Buildings in, ------- 19 

Bridge over Charles River, -- 18 

C. 

Charitable Religious Society in Worcester, - _ - . 4 

Charlestown, First Parish in, ------- 10 

City Manufacturing Company, - - - - - - - 11 

Congress, choice of Representatives for, 25 

Congregational Society in Lynn, ------ 20 

Constables not to be Attornies, ------ 23 

Court of Sessions in Middlesex to build Bridge, ----- 18 

Corporation, Essex Mill, --------33 

" Lech me re Point, - - - -- - - 22 

D. 

Dighton Manufacturing Company, 11 

Districts for choice of Representatives to Congress, - r - 25 

E. 

Essex Mill Corporation, ----»--- 33 

F. 

Flannel Manufactory at Amesbury, - - - * - - 21 

H. 

H'ousewrights, associated in Boston, - - - - - , - 5 

I. 

Iron Company in Boston, -------- 6 



INDEX. 

J. 

Jurors in Court in Boston, 15 

K. 

Kutta Hunk, Light House to be built on, 30 

L. 

Lancastrian School, at Nantucket, 8 

Lechmere Point Corporation, --- -.__22 

Light House on Billingsgate Island, ------ 3 

" " at Kutta Hunk, - . SO 

Ljnn, Second Congregational Society in, ----- 20 

M. 

Manufacturing, City, Company, - - . - - - H 

" Dighton, " 11 

Mechanic Charitable Society in Salera, ----- 6 
Mill Corporation, Essex, --------33 

Ministry Fund, in West Springfield, 12 

" " in Pittsfield, 31 

Municipal Court, in Boston, -------15 

N. 

Names of persons changed, IT 

Nantucket Lancastrian School, -.----- 8 

P. 

Pickerel and Trout to be preserved in ponds, rivers, &c. - - 24 

Pittsfield, Ministry Fund in, 31 

Police Court in Boston, - - - - 14 

Probate Court in Worcester, ------- 4 

R. 

Representatives to Congress, districts for choice of, - - - 25 

S. 

Salem Charrtable Mechanic Association, 6 

Suffolk County, Administration of Justice in, - - - - 14 

T. 

Trout and Pickerel to be preserved in ponds, rivers, &c. - - 24 

W. 

West Springfield, Ministry Fund in, 12 

Worcester Religious Charitable Society, 4 

" Probate Court in, 4 

Wooden Buildings in Boston, 19 



LAWS 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE FIRST OF JANUARY, 

AND ENDED ON TUESDAY, THE ELEVENTH OF FEBRUARY, ONE THOUSAND 

EIGHT HUNDRED AND TWENTY THREE, 



Published agreeably to a Resolve of 16th January, 1812. 




boston: 

PRINTED FOR BENJ. RUSSELL, PRINTER TO THE STATE, 
BY aCSSELL AND GARDNER. 

1823. 



LAWS 

OF THE 

COMMONWEALTH OF MASSACHUSETTS; 

PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE FIRST OF 

JANUARY, AND ENDED ON TUESDAY, THE ELEVENTH OF FEBRUARY, 

ONE THOUSAND EIGHT HUNDRED AND TWENTY THREE. 



CHAP. XXVI. 

All Act authorizing an extra Terra of the Court of 
Sessions, in the County of Hampshire. 

JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That there he an extra term Extra Term. 
of the Court of Sessions in the County of Hampshire, 
on Thursday, the sixteenth day of January current; 
and that the Justices of said Court he, and they are 
herehy empowered to act upon all such subjects as 
may then he brought before them, in the same way 
and manner as at any regular term thereof: Provided, 
that any matters or things now pending in said court, 
shall be proceeded in, heard, and determined, as if 
this act had not been passed. 

[Approved bv the Grovernor. January 7th, 1823.] 
6 ^ 



38 BLACKSTONE CANAL. Jan, 14, 1823. 

CHAP. XXVII. 

An Act to incorporate the Blackstone Canal Company. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That John Davis, William 

Persons incorpo-E. Gri'een, John W. Lincoltt, Lemuel Davis, Edward 
D. Bangs, John Warren, John M. Earl, Daniel Wal- 
do, Isaiah Thomas, Rejoice Newton, Reuben Sikes, 
Oliver Fisk, Theophilus Wheeler, John Green, Asa 
Hamilton, Benjamin F. Heywood, their associates, 
and successors, are hereby constituted and made a 
body politic, and shall be and remain a corporation 
forever, under the name of the Blackstone Canal Com- 

Generai powers, p any ; and by that name may sue and prosecute, and 
be sued and prosecuted to final judgment and execu- 
tion; and may have a common seal, and the same may 
break, alter, and renew, at pleasure; and shall be, and 
hereby are vested with all the power and privileges 
"which are by law incident to corporations of a simi- 
lar nature, and which are necessary to carry into effect 
the objects of the association. 

Sec. 2. Be it further enacted. That the said corpo- 
ration may, and hereby is authorized to locate, con- 

canai,iocks,&c. struct, and fully complete a navigable canal, with 
locks, tow-paths, basins, wharves, dams, embank- 
ments, toll houses, and other necessary appendages, 
commencing in or near the Village of Worcester, and 
from thence down the valley of the Blackstone River, 
in a direction toward tide-water, in such place or pla- 
ces, as may be deemed most convenient for said com- 

Direction of ca- pany, to the boundary line, between the States of 

"*"' Massachusetts and Rhode Island; with further power 

to employ and use, as reservoirs for the purpose of 
supplying with water said canal, or such works as 
may have any portion of their waters diverted from 
them to supply said canal. North Pond, so called, in 
the northerly parts of Worcester, Quinsigamond, or 
Long Pond, so called, lying partly in Worcester and 
partly in Shrewsbury, and Dorety Pond, so called, 



BLACKSTONE CANAL. Jan. 14, 1823. 39 

lying in Millbury, with such other ponds as lie upon 
or near said rdute, and also to save the flood and other 
waters in said ponds, and to construct artificial reser- Artificial reser- 
voirs for the purposes aforesaid. And the said corpo-"^""'' 
ration shall have power to connect with said canal, by 
feeders, or by navigable canals, any or all said ponds 
and reservoirs : Provided^ howevf^r, that all damages Proviso. 
w hich may be occasioned to any person or persons, 
by any of said canals, reservoirs, or feeders, in the 
construction thereof, shall be satisfied by said corpo- 
ration, in manner hereinafter mentioned. 

Sec. 3. Be it further enacted, That if at any time 
after said canal or any of its branches or feeders are 
located, unforeseen obstacles, impediments, or incon- 
veniences occur, on the route located, the said corpora- 
tion shall have power to deviate from the course corporate pow- 
marked out, so far, and in such manner, as may be*"^'* 
best calculated to surmount, overcome, or avoid such 
obstacles or inconveniences; said corporation satisfy- 
ing all damages which may be occasioned then by, in 
the manner hereinafter provided. And said corpora- 
tion may, from time to time, make such alterations in 
the course of said canal, its feeders, and branches, as 
may be found necessary or expedient, satisfying all 
damages in manner aforesaid. 

Sec. 4. Be it further enacted, That said corpora- 
tion be, and hereby is autiiorized and empowered to 
purchase and hold, to them and their successors for- 
ever, real estate, not exceeding the value of three hun- 
dred thousand dollars, and may erect mills and other Limitation of re- 
works, on the waters connected with said canal, feed- 
ers, and reservoirs. 

Sec. 5. Be it further enacted. That a toll be, and 
hereby is granted and established for the sole benefit 
of said corporati(m forever, according to the rates fol- 
lowing, viz.: for every ton, (computing by weight or 
admeasurement, at the election of said corporation,) nates of toii. 
that shall be transported upon said canal, or any of 
its branches, after the rate of six cents per mile. And 
all boats or other vessels navigating said canal, or 
any of its branches, whether empty, or loaded in part 
only, shall be subject to pay the same toll for every 
ton burthen they are capable of carrying: and the 



40 BLACKS TONE CANAL. Jan. 14, 1823. 

right to take toll shall commence as soon as said canal 
or its branches, or any part thereof shall be completed. 
Sec. 6. Be it further enacted, That the said corpo- 
ration shall have' power, from time to time, to make and 

By-Laws, &c. ordaiii such by-laws, rules and regulations as may be 
necessary, touching the premises, especially to fix upon 
and determine the size of boats, rafts, and all vessels, 
that shall be used for the purpose of navigating said 
canal ; to determine the passing the locks, and what 
commodities shall not be transported, during a want of 
water, should such an event happen, on any portion of 
said canal; ^provided, the same be not repugnant to the 
constitution and laws of this Commonwealth : and the 
penalties provided by said rules, by-laAvs and regula- 
tions, may be sued for and recovered by the Treasurer 
of said corporation, or by any other person by them 
authorized, to their use and benefit, by an action of the 
case, before any Justice of the Peace, or any Court 
proper to try the same; which penalties shall in no 
case exceed the sum of ten dollars : and said corpora- 
tion shall cause all such by-laws, to the breach of which 
penalties are affixed, to be printed, and a copy thereof 
to be placed in some conspicuous situation at each toll 
house; and if any person or persons, shall wantonly 
or maliciously mar, deface, or pull down any copy so 
set up, said corporation may sue for and recover to 
their own use, in manner aforesaid, a sum not exceed- 
ing five dollars, of any such person or persons. 

Sec. 7. Be it further enacted, That if any person 
or persons, shall wilfully, maliciously, or wantonly, 
and contrary to law, obstruct the water or navigation, 
or in any way spoil, injure, or destroy said canal, or 
its branches, feeders, or reservoirs, or any part thereof, 
or any thing belonging thereto, or any material to be 

Fines for iioinp uscd \\\ the coustructlou tliereof, he, she, or they, or 

injury to the Ca- . . -i- i i^- • 

taai. any person or persons, assisting, aiding or abetting in 

such trespass, shall forfeit and pay to said corpora- 
tion, for every such offence, treble such damages as 
shall be proved before the Justice, Court, or Jury, 
before whom the trial shall be had, to be sued for 
and recovered before any Justice, or in any Court 
proper to try the same, by the Treasurer of said cor- 
poration, or other officer, whom they may direct, to 



BLACKSTONE CANAL. Jan. 14, 1823. 41 

the use of said corporation : And such offender or of- 
fenders shall be liable to punishment by the Grand offer.dcisp.m 
Inquest for said County of Worcester, for any offence"" ' 
or offences, contrary to the above provisions, and on 
conviction thereof, either in the Supreme Judicial 
Court, or any Court of Common Pleas, to be holden 
in said county, shall pay a fine not exceeding five 
hundred dollars, and not less than thirty dollars, to 
the use of the Commonwealth, or may be imprisoned 
for a term not exceeding; three years, at the discretion 
of the Court before whom the conviction may be had. 
Sec. 8. Be it further enacted. That whenever said 
corporation shall have located said canal, or any part 
thereof, or the feeders or branches thereto, or any of 
them, they may make a report thereof to any Court of 
Sessions, then to be holden, within and for the said Report to ses- 
County of Worcester, or to any adjourned term there- "°°' 
of, wherein they shall particularly describe the bear- 
ings of the intended route, or any section thereof, its 
"width, including tow-paths, embankments, basins, 
wharves, excavations, the reservoir intended to be 
constructed or used, and the names of the owners of 
the land, so far as the same can be ascertained; which 
said report so made of the whole of any section, or of 
any one or more of the feeders, or branches, or reser- 
voirs, shall be placed on the files of said Court, and 
notice be given thereof to the owners of the land em- 
braced therein, if known, in such manner as the Court 
shall direct, at the expense of said corporation. And 
the said Court shall thereupon appoint three discreet, 
and disinterested freeholders of said County of Wor- 
cester, (vacancies, if any happen, to be filled by the 
said Court,) to estimate all damages which any person 
or persons, whose lands are described and mentioned 
in such report, shall sustain; jjrovided, such canal, or 
any branch, or feeder thereof, or basin, wharf, or other 
appendage or appurtenant, be constructed thereon. 
And the said Commissioners, before they proceed to 
execute their duties, shall be sworn to a faithful and 
impartial discharsre thereof, and shall £;ive public and comraissioners 
seasonable notice, in such manner as said Court shall 
direct, to all persons interested, to file their claims, if 
any they have, which have not been released to said 



to oe svvorii. 



42 BLACKSTONE CANAL. Jan. 14, 1823. 

corporation, with some one of said Commissioners, or 
with the Clerk of the Courts for said County of Wor- 
cester, thirty days from the date of said notice. At the 
end of the term allowed for filing such claim for dam- 
ages, the Commissioners, or a majority of tjjem, having 
previously given notice to all parties interested, of the 
time, and of the extent of the rou e to be examined, by 
publishing in one or more of the public newspapers 
printed in Worcester, in the County of Worcester, an 
advertisement thereof in three successive papers at 
least, shall pass over the premises so intended to be 
used by said corporation, for the purposes aforesaid, 
and after hearing the parties in interest, shall, accord- 
ing to the best of their skill and judgment, estimate 
all such damages as they shall think any person or 
Estimate of dam- persons, corporatlon or corporations, shall sustain by 
*"'''' the opening of such canal, or any of its branches or 

feeders, through his, her, or their land, or by the con- 
struction of any reservoirs, embankments, tow-paths, 
basins, wharves, or any other appendages, over and 
above the benefits and advantages which the said 
Commissioners shall judge may accrue to such person 
or persons, corporation or corporations, from opening 
said canal. And the said Commissioners, or a major 
part of them, shall make return of their doings as soon 
as may be, to the said Court of Sessions, to the end 
tocourVof'ses". that tlic Same may be allowed, accepted, and record- 
ed; and the said Court shall thereupon order the said 
report, or the substance thereof, to be forthwith pub- 
lisised in one or more of the newspapers printed in 
said Worcester, three weeks successively, at the ex- 
pense of the corporation. And if the said corporation, 
or any person or persons interested, shall be dissatis- 
fied with the estimate of said Commissioners, applica- 
tion may be made by such dissatisfied party at the next 
term of said Court of Sessions after the return and 
acceptance of such report, and after its publication as 
aforesaid, for a jury to hear and finally determine upon 
the amount of damages to be assessed in the case com- 
plained of; which said Jury shall be summoned by the 
Juries may be Sheriff, uuder the direction of the Court, in manner pre- 
damaVe"/""'' scrlbed by law in case of complaints for damages occa- 
sioned by the laying out of highways^ and they shall 



Commissioners 
to make return 



BLACKSTONE CANAL. Jan. 14, 1823. 43 

be under oatli according to the provisions of law in such 
cases ; and if the party injured in his, her or their estate, 
apply for such Jury, and fail to obtain increased dama- 
ges, such party shall be liable for all legal costs arising 
after the entering of such application for a Jury, and 
said Court shall enter judgment and issue execution 
accordingly: and if said corporation apply for a Jury, 
and fail to obtain a diminution of damages, it shall 
in like manner be lial)le for costs, and said Court may 
enler judgment, and issue execution for sucli costs ; 
and if within ninety days after the said corporation 
shall have entered upon the land of any person or 
persons, and commenced the process of excavation or 
embankments for the purpose of constructing said ca- 
nal, or any of its branches, feeders or reservoirs, it 
shall pay or cause to be paid the damage (if any) so 
assessed in manner aforesaid by said Commissioners 
or such Jury, such person or persons, on whose land 
such operations are so commenced may have an action 
of debt against said corporation, in any Court proper to corporation may 
try the same to recover such damages, and executions *"'"* ' 
from whatever Court the same may issue for damages 
assessed as aforesaid, or costs, shall be in common form, 
mutatis mutandis, and may be levied upon the goods, 
estate or lands of said corporation, or any member 
thereof; and in case it issue from the Court of Sessions 
aforesaid, for cost as aforesaid, it shall be made return- 
able at the term of said Court then next ensuing; and 
the report of said Commissioners, when accei)ted and 
recorded, and not appealed from in manner aforesaid, 
or the verdict of a Jury being returned and recorded, 
shall forever be a bar to any other action commenced 
for damages against said corporation on account of the 
injury for which such damages were awarded, other 
than is herein provided, saving only that when yearly 
damages are assessed, the party in Vhose favor they 
are assessed or ascertained by Jury, shall have his 
action of debt to recover the same when payable, du- 
ring the continuance thereof. 

Sec. 9. Be it farther enacted, That if after said 
canal shall be located, and a report of Commissioners 
be made thereon, in manner aforesaid, any alterations 
shall be made in the course thereof, or in the course of 

7 ' .. 



44 



BLACKSTONE CANAL. 



Jan. 14, 1823. 



Altera 
be madei 



Referees. 



any of its branches or feeders, or if any new reservoirs, 
branches or feeders shall be made in aid of said canal, 
t^onsmay t|jg daffiagcs may be estimated in the same way and the 
same proceedings had in manner provided in this act: 
Provided, however, that in all cases it shall be compe- 
tent for said corporation, and any person or persons, 
corporation or corporations, injured by the location of 
said canal, or any of its tributaries or appendages, to 
submit the question of damage to such referees as they 
may agree upon, whose award, when returned to the 
said Court of Sessions and accepted, shall be final, and 
said Court may enter judgment accordingly; and said 
Commissioners in all cases shall be allowed three dol- 
lars a day for their services. 

Sec. 10. Be it further enacted, That the said cor- 
poration shall be and hereby are authorized to raise 
sufficient funds for the accomplishment of the objects 
aforesaid, and for that purpose they may, as soon as 
they shall see fit, after the passing of this act, open 
books at some suitable place or places wherein sub- 
scriptions may be entered for shares in the capital 
stock of said corporation, each share to be of the 
amount of one hundred dollars, and each person so 
subscribing to be a member of said corporation, for all 
purposes; and as soon as one thousand shares have 
been subscribed, said corporation may be organized in 
Organization of mauucr foUowiug, to wit: the petitioners or any three 
of them may make application to any Justice of the 
Peace for the County of Worcester, requesting him to 
call a meeting of the proprietors to be holdeu at some 
convenient place within the said Town of Worcester, 
whereupon such Justice may issue his warrant to any 
one of said members, directing him to notify them to 
meet at such convenient time and place, in said Wor- 
cester, as he may therein appoint, to do and transact 
all such matters and things as may be expressed in 
said warrant; and the member to whom such warrant 
shall be directed, shall give notice to the other mem- 
bers by causing said warrant to be published in one or 
more of the newspapers printed in Worcester, and in 
one or more of the newspapers printed in Providence, 
in the State of Rhode Island, and the proprietors may 
at the same meeting, or at a subsequent one, choose a 



Capital Stock. 



Company. 



JiLACKSTONE CANxiL. Jan. 14, 1823. 45 

Clerk, Treasurer, and such other Officer or Officers, 
Committee or Committees as they shall judge necessa- oncers to bp 
ry for regulating the aflTairs of said corporation. And*^ "' "' 
every member shall have a right to vote at said meet- 
ing, and at all other meetings by himself or proxy, duly 
authorized in writing, in the following ratio, one share 
one vote ; and every two additional shares one vote ; 
provided, no stockliolder shall be entitled to more than 
ten votes. 

Sec. a. Be it further enacted, That the said hooks 
of subscriptions shall remain open as long as said cor- 
poration shall see fit, but no assessment shall ever be 
made so as to make any subscriber liable to pay more 
than one hundred dollars for a share, nor shall the shares, 
stock and property of said corporation be liable to any 
species of taxation for eight years, from and after the 
passing of this act. If after the closing of said books, 
or at any time, it shall appear that sufficient funds have 
not been raised, the corporation, or its officers duly 
authorized, may at any time, and from time to time, 
raise the necessary funds by creating and selling new Disposition of 
shares upon the best terms that can be obtained. 

Sec. 12. Be it further enacted, That if any sub- 
scriber shall neglect to pay his subscription, or any 
portion thereof, for the space of thirty days after he is 
required so to do by a vote of the corporation, the shares maybe 
corporation, or any officer duly authorized for thatii^nqufncy^'of'^' 
purpose may make sale of such share or shares at pub-*'""^''''^'' 
lie auction, to the highest bidder, and the same shall 
be transferred by the Treasurer, in a manner herein- 
after provided, to the purchaser. And such delinquent 
subscriber shall be held accountable to the corporation 
for the balance, if his share or shares shall be sold for 
less than their nominal value, and shall be entitled to 
the overplus, if any there shall be, beyond the nominal 
value. 

Sec. 13. Be it further enacted, That any share or 
shares of any member may be transferred by deed ac- Transfer oi 
knowledged and recorded by the Clerk of said corpo- ^'''"^*''' 
ration in a book to be kept for that purpose, and the 
Treasurer is hereby authorized to make transfer in 
like manner of the shares of members sold according to 
the provisions of the last preceding section of this act. 



46 BOSTON CORDAGE MANU. Jan. 14, 1823. 

Sec. 14. Be it further enacted, That when tke land 
or other property or estate belonging to infants, femmes 
Minors property covert, or persons non compos mentis, shall be taken 
^"*' " ■ and appropriated for the use and purposes of said ca- 

nal as aforesaid; the husbands of such femmes coverts, 
and the guardians of such infants or persons non com- 
pos mentis, respectively, may execute any deeds, enter 
into any contracts, or do any other matter or thing 
respecting such lands, or other estate, to be taken and 
appropriated as aforesaid, as they might do if the same 
were by them holden in their own rights respectively. 
Sec. 15. Provided, and be it further enacted, That 
from and after the expiration of ten years from the 
passing of this act, if the corporation hereby created, 
Limitation of sliall uot havc Completed the said canal, the Legisla- 
ture of this Commonwealth may, upon the application 
of any other company for the privileges hereby granted, 
incorporate such other company for the purpose of 
making said canal. 

[Approved by the Governor, January 14th, 1823.] 



act. 



CHAP. XXVIII. 

An act to incorporate the Boston Cordage 
Manufactory. 

Sec. 1. I")E it enacted by the Senate and House of 

Representatives, in General Court assembled, and by 

the authority of the same. That Winslow Lewis, Jo- 

persons incorpo-seph W. Lcwls, Samuel Austin, Junior, David Hen- 

'^"''' shavv, Ezra Hyde, George Brown, Henry Lewis and 

Joseph P. Bradlee, together with such others as may 

hereafter associate with them, and their successors, be, 

and they are hereby made a corporation, by the name 

of the Boston Cordage Manufactory, for the purpose 

poweri and pri- of mauu facturiug cordage ; and for that purpose shall 

^"'^"" have all tlie powers and privileges, and also be subject 

to all the duties and requirements prescribed and con- 



BURNING OF COAL PITS. Jan. 14, 1823. 47 

tained in an act, passed the tliird day of March, in the 
year of our Lord one thousand ei^lit hundred and nine, 
entitled "an act deiining the j^eneral powers and duties 
of manufacturing companies/' and the several acts in 
addition thereto. 

Sec. 2. Be it further enacted, That the said corpo- 
ration may be lawfully seized and possessed of such 
real estate, not exceeding the value of eighty thousand 
dollars, and such personal estate, not exceeding the Real and perso- 
value of one hundred thousand dollars, as may be ne-"'' "****^' 
cessary and convenient for carrying on the manufac- 
ture of cordage. 

[Approved by the Governor, January 14th, 1823.] 



CHAP. XXIX. 

An Act to regulate the burning of Coal Pits, in the 
Towns of Plymouth, Kingston, Carver, and Ware- 
ham, in the County of Plymouth, and Sandwich, in 
the County of Barnstable. 

AVHEREAS great damage has been sustained 
by the public, as well as by the proprietors of wood, 
lands lying in the Towns of Plymouth, Kingston, 
Carver, and Wareham, in the County of Plymouth, preamble, 
and in Sandwich, in the County of Barnstable, by the 
fires which have frequently spread, from the negli- 
gence of those who have been employed in burning 
wood for charcoal, or in burning brush wood for other 
purposes : 

Sec. i. BE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That no person or persons, 
shall hereafter be permitted to set fire to any coal pit, Timeofchamng 
or to any pile of wood, for the purpose of charring the*^"^'' 
same, within the tract (>f wood land lying in the afore- 
said towns, or either of them, between the first day of 
April and the fifteenth day of September, annually. 



48 NAHANT HOTEL. Jan. 14, 1823. 

Sec. 2. Be it further enacted^ That if any person 
or persons, their agent or agents, shall set Are to any 
pit or pits, for burning coal, on any part of the tract 
of wood land above mentioned, lying in either of the 
towns aforesaid, between the said first day of April 
and the fifteenth day of September, annually, such 

Forfeitures. pcrsou or persous, so offending, shall forfeit and pay 
the sum of one hundred dollars for every such offence. 
Sec. 3. Be it further enacted, That if any person 
or persons, their agent or agents, shall, between the 
times aforesaid, set fire to any brush wood, or bush- 
es, on any part or parcel of the aforesaid wood lands, 
or on any land adjoining thereunto, so as to cause the 

penaityfor^firing burning thcreof, such person or persons, so offending, 
shall forfeit and pay the sum of fifty dollars for every 
such offence. 

Sec. 4. Be it further enacted. That all penalties 
incurred by the breach of this act, may be sued for 
and recovered in any Court proper to try the same; 
and one moiety of all the sums so recovered, shall be 

Recovery of fines appropriated to the use of the town in which such pit or 
pits, brush wood, or bushes, were burned or attempted 
to be burned, and the other moiety to the use of him 
or them, who shall prosecute therefor. 

[Approved by the Governor, January 14th, 1823.] 



CHAP. XXX. 

An Act in addition to an Act, entitled "An Act to in- 
corporate the Proprietors of Nahant Hotel, in th« 
Town of Lynn." 

Sec. 1. IjE it enacted hy the Senate and House of 
Representatives f in General Court assembled, and by 
the authority of the same, That the corporation known 
and called by the name of the Proprietors of Nahant 
General powar». Hotel, in Lynn, be, and the said corporation hereby 
is authorized and empowered to purchase and hold; 



METHODISTS, NANTUCKET. Jan. 16, 1823. 49 

twenty acres of land, at the place called Nahant, in 
the Town of Lynn, in addition to the quantity of land 
which the said corporation is empowered to have and 
to hold, in virtue of the act to which this act is in ad- 
dition, under the same limitations and restrictions, and 
with the like powers, as in the said act to which this 
act is in addition, are expressed, any thing in said act 
to the contrary notwithstanding. 

Sec. 2. Be it further enacted. That the said corpo- 
ration be, and the same hereby is authorized and 
empowered to divide its corporate property into any 
number of shares which said corporation may see fit ; Dispositioa of 
provided, that the whole numb'er of shares shall not^*"*"'" 
exceed, in their nominal amount of value, the sum of 
forty thousand dollars, that being the sum at which 
the real and personal estate of said corporation is lim- 
ited by the aforesaid act. 

[Approved by the Grovernor, January 14th, 1823.] 



CHAP. XXXI. 

An Act to incorporate the Trustees of the Methodist 
Episcopal Church, in Nantucket. 

Sec. 1. IjE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and hy 
the authority of the same, That Oliver C. Bartlett, 
John Jenkins, Perez Jenkins, Jonathan Smith, Solo- 
mon Folger, Walter Cure, Nathaniel Rand, Freder- Trustees, 
ick Worth, and William Jenkins, all of Nantucket, 
in the County of Nantucket, be, and they hereby are 
constituted a body corporate and politic, by the name 
of the Trustees of the Methodist Episcopal Church, 
in Nantucket, for the promotion of piety, religion, and 
morality; and they and their successors shall be and 
continue a body politic and corporate, by that name. General powm 
forever; and they shall have a common seal, subject 
to be altered at their pleasure ; and they may sue and 



50 METHODISTS; NANTUCKET. Jan. 16, 1823. 

be sued, in all actions, real, personal, or mixed, and 
prosecute and defend the stime to final judgment and 
execution, by the name aforesaid. 

Sec. 2. Be it further enacted, That the aforesaid 
Trustees and their successors shall and may, annu- 
Eiection of offi- ally, clect a President, and a Secretary to record the 
doings and transactions of the Trustees, and a Trea- 
surer to receive and apply the monies or property, 
hereinafter mentioned, as hereinafter directed, and any 
other officers, that may be necessary for the managing 
of their business; and they may make rules, regula- 
tions, and by-laws, not repugnant to the laws of this 
Commonwealth. 

Sec. 3. Be it further enacted, That the number of 
Limited number Trustees, shall not, at any one time, be more than 
nine, nor less than seven ; five of their number shall 
constitute a quorum for transacting business; and they 
may and shall, from time to time, fill up vacancies in 
their number, which may happen by death, resigna- 
AnnuaiMeet- tlou, or othcrwise, as hereinafter provided. And such 
ings. Trustees shall, annually, hold a meeting in March or 

April, and at such other times as may be necessary; 
which meetings, after the first, shall be called in such 
way and manner as the Trustees aforesaid shall here- 
after direct. 

Sec. 4. Be it further enacted, That the aforesaid 
Trustees, and their successors, arc hereby made capa- 
jMay hold veal &ble in law to possess and hold all the ])roperty, both 
personal estat.. ^^^^ ^^^ personal, bclouging to the Methodist Episco- 
pal Church, in Nantucket, in trust forever, for the use 
and benefit of the members, for the sole purpose of 
promoting the public worship of x\lmighty God, ac- 
cording to the doctrines and discipline of said church. 
And in further trust and confidence, that whenever 
one or more of said Trustees shall die, or from any 
cause, cease to be a member or members, of said cor- 
vacancies to be poratlon, theu aud in that case, the vacancy shall be 
fliieuup. supplied according to the direction given in the disci- 

pline of said church; that is, the Minister or Preacher, 
who shall be regularly appointed to the pastoral charge 
of the members of said church, for the time being, shall 
have a right to nominate, and the Trustees may con- 
firm or reject such nomination. 



MINIST. FUND, HAVERHILL. Jan. 16, 1823. 51 

Sec. 5. Be it further enacted^ That any gift, grant, 
bequest, or devise made, or that hereafter may bcBequesM. 
made, to the said Trustees, or their successors, shall 
be valid and eifectiial to all intents and purposes what- 
ever, and they are hereby empowered to hold real and 
personal estate, the annual income of which shall not 
exceed six hundred dollars: Provided, that the entire proviso. 
income be strictly appropriated to promote the objects 
of this corporation, and also that the gift, grant or 
donation be faithfully applied according to the real 
intent and design of the donor. 

{Sec. 6. Be it further enacted, That all deeds and Legality of deed* 
instruments, which the said Trustees may lawfully 
make in their said capacity, shall, when made in their 
name, and signed and sealed, with their common seal, 
and delivered by their Treasurer, be binding on said 
Trustees and their successors, and be valid in law. 

Sec. 7. Be it further enacted, That George Can- 
non, Esquire, be, and he is hereby authorized to ap- 
point the time and place for holding the first meeting First Meeting, 
of said Trustees, and to notify them thereof. 

[Approved by the Governor, January 16th, 1823.] 



CHAP. XXXIL 

An Act to establish a Fund for the support of the 
Gospel Ministry, in the First Parish, in the Town 
of Haverhill, in the County of Essex, and to ap- 
point Trustees for the management thereof. 

Sec 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Bailey Bartlett, Israel Persons incorpo- 
Bartlett, Nehemiah Emerson, John Dow, and Stephen*^""'' 
Minot, be, and herehy are constituted a body politic 
and corporate, by the name of the Trustees of the 
Haverhill Congregational Ministerial Fund; and that 
they and their successors shall continue a body politic 
8 



52 



MINIST. FUND, HAVERHILL. Jan. 16, 1823. 



Bequests. 



Fund in trust. 



and corporate, forever, and by the same name may sue 
General powers. and be sucd in all actions, and may prosecute the same 
to final judgment and execution. 

Sec. 2. Be it further enacted, That said parish, at 
their annual meeting, in March or April, may choose 
Number of Trus- five Trustecs, who shall be successors to those named 
*^'' in this act; and they and their successors shall hold 

their oflRces until others shall be chosen and have ac- 
cepted the trust, by entering upon the duties of their 
oflBce; and that said parish may also, at any legal 
meeting, holden for that purpose, choose a Trustee or 
Trustees to supply any vacancy that may happen. 

Sep.. .S. Be it further enacted, That any gift, grant, 
bequest, or devise, which may hereafter be made to 
said Trustees, shall be valid and effectual to all in- 
tents and purposes whatever ; and they, and their 
successors as aforesaid, are hereby empowered, by 
purchase or operation of law, to take, have, hold, use, 
improve, and manage any estate, real or personal, the 
annual income of which, shall not exceed the sum of 
two thousand dollars, in trust, for the support and 
maintenance of the Gospel Ministry in said Congre- 
gational Parish; and during any vacancy in said pa- 
rish, of a regular, ordained, and settled Minister, they 
shall appropriate such income or interest to the in- 
crease of their principal fund, any thing herein to the 
contrary notwithstanding. 

Sec. 4. Be it further enacted, That the said Trus- 
tees may assemble and meet together as often as they 
may think it necessary, for the promotion of their 
trust, any three of whom shall constitute a board for 
doing business; but the concurrence of three, at least, 
shall be requisite to every act and proceeding what- 
ever; they may determine the manner of calling meet- 
offieerstobe iugs ; they may appoint a Clerk, an Agent or Agents, 
chosen. ^^^^ other needful officers and committees; they may 

make reasonable rules, regulations and by-laws, and 
annex penalties for the Ijreach thereof, not repugnant 
to the laws of this Commonwealth; they may have a 
common seal, and change the same at their pleasure; 
Alienation of thcy may alienate, by good and sufficient deeds at law, 
parsonage lands, ^j^y of the parsonage land belonging to said parish, 
which said parish may, at a legal meeting, holden for 



Board of Trus- 
tees. 



MINIST. FUND, HAVERHILL. Jan. 16, 1823. 53 

that purpose, from time to time, direct, agreeably to a " 
resolve of the Greneral Court, passed in June, in the 
year of our Lord one thousand eight hundred and 
nine ; and they may also alienate, by good and suf- 
fi( ient deeds at law, any real estate, the title whereof 
shall be vested in them by way of mortgage, or by 
operation of law. 

Sec. 5. Be it further enacted, That the Clerk of 
said corporation, who shall be a member thereof, and 
shall be sworn in the same manner as town officers are, 
to the faithful performance of the duties of their offices, 
shall have the care and custody of all papers and docu- 
ments belonging to said Trustees, and shall carefully Duties of cierk. 
and fairly record all their votes and proceedings in a 
book kept for that purpose, and shall certify the same 
when thereto required; and he may call meetings, when 
he may think the same necessary, or when thereto di- 
rected by said Trustees, and do whatever else may be 
incident to said office; and he shall, on demand, de- 
liver to his successor in office, as soon as may be, all 
the records, papers and documents in his hands, in 
good order and condition ; and if he shall neglect so 
to do for thirty days next after such demand, he shall 
forfeit and pay a fine of fifty dollars, and the further Penalties, 
sum of thirty dollars per month for such neglect after- 
wards. 

Sec. 6. Be it further enacted, That the Treasurer 
of said parish shall always be the Treasurer of said 
Trustees, and the receiver of all money, the effects pmies of the 
due, owing and coming to them, and may demand, sue ''*''"^"' 
for, and recover the same in their name, unless prohi- 
bited by them; and he shall have the care and custody 
of all the money and effects, obligations and securities 
for the payment of money or other things, and all evi- 
dences of property belonging to said Trustees, and be 
accountable to them therefor ; and shall dispose of the 
same as they shall order and direct, and shall render an 
account of his doings, and exhibit a fair and regular 
statement of the property and evidences of property in 
his hands, whenever they shall require the same to be 
done; and he shall deliver to his successor in office, as 
soon as may be, after demand, all the books and pa- 
pers, property, and evidence of property in his hands, 



?4 MINIST. FUND, HATERHILL. Jan. 16, 1823. 

Treasurer must in ffootl ordcr and condition ; and shall £;ive bonds to 

give boadi. . y ,-^ i i • • i «» • 

said Irustees and their successors, with sufficient su- 
reties, to be approved by them, in the penal sum of 
ten thousand dollars at least, conditioned to do and 

Liability of the perform all the duties incumbent on him as their Trea- 
surer; and if he shall fail to deliver to his successor, 
as aforesaid, for the space of thirty days next after 
such demand, or to give bonds as aforesaid for tliirty 
days next after such Treasurer shall be duly chosen, 
and have accepted the office, he shall, for either ne- 
glect, forfeit and pay a tine of fifty dollars, and the 
further sum of thirty dollars per month for such fail- 
ure or neglect afterwards. 

Sec. 7. Be it further enacted, That it shall be the 
duty of said Trustees, to use and improve such funds 
or estate as shall be vested in them, by virtue of this 

riuties and Ha- act, with care and vigilance, so as best to promote the 
'^"'^' design thereof; and they shall be amenable to the 
inhabitants of said parish for negligence or miscon- 
duct in the management or disposition thereof, where- 
by the same shall be impaired, or suffer loss or dimi- 
nution. And the inhabitants of said parish may have 
and maintain a special action on the case, against the 
proper persons of said Trustees, and their goods and 
estate, jointly or severally, or against any tw o or more 
of them, for such negligence or misconduct, and reco- 
ver adequate damages therefor; and every sum so re- 
covered shall be deemed to be for the benefit of said 
fund, and shall be paid to said Treasurer, who may 
have an action of debt therefor accordingly. 

Sec. 8. Be it further enacted^ That tlie said Trus- 
tees shall cause to be recorded, and kept in their book 
of records, by their Clerk, a statement of the funds 

sutemem of so- and estatc in their hands, wherein shall be particular- 

ciety 8 concerm. 1^ designated the nature and amount of each original 
grant or donation, the period when made, tlie design 
thereof, and the donor's or grantor's name, and place 
of abode, with such other circumstances as they shall 
think useful and proper, to distinguish the same, and 
perpetuate the remembrance thereof; and they shall 
make report of such statement, to the inhabitants of 
said parish, at their meetnig in March or April, annu- 
ally^ where the same shall be publicly read; or to a 



MINIST. FUND, HAVERHILL. Jan. 16, 1823. 55 

select committee, if said parish shall choose one for that 
purpose; together with a specific statement of what es- 
tate they actually hold, and hy what tenure, what mo- 
ney and effects are due to them, and how the same are 
secured, and what receipts have been obtained, and 
disbursements made by them the preceding year. 

Sec. 9. Be it further enacted, That the said Trus- 
tees shall always loan, upon interest, all the money Loan of society's 
belonging to said fund, in sums not less than one hun- 
dred dollars, and for a term not exceeding five years, 
upon the bond or note of the borrower, with a mort- 
gage of real estate to three times the value of the sum 
loaned, as collateral security for the repayment of the 
principal sum, with interest annually, till paid. 

Sec. 10. Be it further enacted. That it shall never 
be in the power of said Trustees, or said Congrega- 
tional Parish, to alienate any part of the capital fund capital not to be 
thereof; but the interest or income, if the parish, at a^""'*"" ' 
legal meeting holden for that purpose, so direct, may 
be applied for the support of a regular, ordained, Gos- 
pel Minister, and for no other purpose whatever, until 
the interest or income of said fund shall amount to the Disposition of 
sum of six hundred dollars per annum; aftev which '"'^^'''' ""'°'"^' 
time, the surplus income, over and above that sura, 
may be applied for other parochial purposes, if said 
parish, at a legal meeting holden for that purpose, so 
direct. 

Sec. 11. Be it further enacted. That said Trustees 
shall be entitled to receive a reasonable compensation compensation oi 
for their services in managing and taking care of said 
funds and estate, to be paid by said Congregational 
Parish; but no part of said funds or estate, or of the 
income thereof, shall ever be appropriated for that 
purpose. 

Sec. 12. Be it further enacted. That all fines and 
forfeitures, incurred for any breach of this act, shall 
and may be recovered, in an action of debt, by the in- Fines may be 
habitants of said parish, if they shall sue for the same'"^*'^*"^' 
within one year after the same shall be incurred, to 
the use and benefit of said fund. 

Sec. 13. Be it further enacted, That Stephen Mi- 
iiot, Esquire, is hereby authorized aad directed to ap- 



56 BAPTIST SOC. WESTON. Jan. 17, 1823. 

FiMt Meeting, point the time and place for holding the first meeting 
of said Trustees, and to warn such meeting accord- 
ingly. 

[Approved by the Governor, January 16th, 1823.] 



CHAP. XXXIII. 

An Act to establish the First Baptist Society, 
in Weston. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Deacon Samuel Train, 
Persons incorpo- Deacon Uriah Gregory, Moses Harrington, Samuel 
Lovewell, Amasa Sanderson, Daniel Sanderson, Wi- 
dow Lydia Upham, Abijah Upham, Lydia Upham, 
Silas Upham, Amos Lamson, Daniel Rand, James 
Lentell, Isaac Jones, Charles Morse, Widow Sarah 
Morse, Widow Sarah Leadbetter, Colonel Samuel 
Train, Otis Train, Abigail Childs, Betsey Childs, 
Hannah Childs, Joel Harrington, Paul Pratt, Widow 
Hepzibah Pratt, William Pratt, Joseph Winship, Jo- 
seph Winship, Junior, John Marsh, Betsey Bacon, 
Widow Keziah Hammond, Charles Damon, Elij.ih 
Travis, and Widow Nancy Bigelow, with their fam- 
ilies and estates, be, and they are hereby incorporated 
as a distinct religious society, by the name of the First 
Baptist Society, in Weston, for religious purposes only; 
and as such, shall have and enjoy all the rights, pow- 
powers and pri- crs aud immuuitlcs of other parishes, or religious soci- 
^'^^"* eties, according to the constitution and laws of this 

Commonwealth. 

Sec. 2. Be it further enacted, That any person be- 
longing to the Town of Weston, or to either of the 
towns adjoining said Weston, who may hereafter be 
desirous of joining in religious worship, and of becom- 
ing a member of said Baptist Society, shall have lib- 



BOSTON & ROX. MILL CORPO. Jan, 17, 1823. 57 

ertv so to do, bv complYins; with the requisitions of conditions of 
tlie second section of the act, passed on the eighteenth 
day of June, in the year of our Lord one thousand 
eight hundred and eleven, entitled ''an act respecting 
public worship, and religious freedom." 

Sec. 3. Be it fui'ther enacted, That whenever any 
member of said Baptist Society shall see cause to leave conditions of se- 
the same, and to unite with some other religious soci- 
ety, the like notice and process shall be made and 
given, mutatis mutandis, as is prescribed in the se- 
cond section of this act: Provided, always, that in proviso. 
every case of secession from one society, and joining 
to another, the person so seceding, shall be holden to 
pay his or her proportion of all parochial expenses, 
voted and not paid, prior to the leaving of said society. 

Sec. 4. Be it further enacted. That any Justice of 
the Peace for the County of Middlesex, is hereby au- 
thorized to issue a warrant, directed to any member of 
said Baptist Society, requiring him to notify the first 
meeting of said society, to meet at such convenient First Meeting, 
time and place, as shall be expressed in said warrant, 
for the choice of such officers, as parishes, or religious 
societies, are accustomed to choose and appoint, at 
their annual meetings. 

[Approved by the Grovernor, January 17th, 1823.] 



CHAP. XXXIV. 

An Act to authorize the Boston and Roxbury Mill 
Corporation to widen their Dam. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the Boston and Rox- 
bury Mill Corporation be, and they hereby are autho- 
rized to widen their dam, leading from Boston to Extension of ♦.h» 
Sewall's Point, so called, in Brookline, by extending ^^™' 
it one hundred feet on the northerly side thereof, upon 



58 MASS. MISSIONARY SOC. Jan. 21, 1823. 

the flats and tide-waters, where it can be done without 
interfering with the rights of individuals, or other cor- 
porations, for the purpose of forming landing places, 
making wharves, erecting storehouses, and other ne- 
proTiBo. cessar^' buildings: Provided^ that nothing herein con- 

tained, shall authorize the widening of said dam, in 
any part thereof, more than one hundred yards to the 
northward and eastward of the present eastermost 
sluiceway. 

[Approved by the Governor, January 17th, 1823.] 



CHAP. XXXV. 

An Act in addition to an Act, entitled ^^An Act to 
incorporate a Society, by the name of the Massa- 
chusetts Missionary Society." 

(^ ^<Z \K ^^^' ^* *^ enacted by the Senate and House of 

I I ^Of-fJ^. MepresentativeSf in General Court assembled, and by 
the authority of the same, That the Massachusetts 
Missionary Society be, and they hereby are author- 
Generai powers. ized and empowered to appropriate and apply the 
funds which they are by law entitled to hold, or any 
part thereof, for the purpose of diffusing the knowl- 
edge of the gospel of Jesus Christ, among the heathen 
and others, in destitute places ; any thing contained in 
the act of incorporation, to which this is in addition, 
to the contrary notwithstanding. 

Sec. 2. Be it further enacted, That this act, and 
the act to which it is in addition, and all and singular 
the powers, privileges, rights, and duties of said cor- 
provisions of the poration, as the same are limited and defined in this 
rinued/" ""'and the aforesaid original act, shall continue and re- 
main in full force and virtue, from and after the expi- 
ration of the term in said original act mentioned ; any 
thing therein contained to the contrary notwithstand- 
ing : Provided, nevertheless, that it shall be in the 
power of this or any future Legislature of this Com- 



PENI. FEMALES' REFUGE. Jan. 21, 1823. 59 

monvvealtli, to alter, modify, or roponl any, or all of 
the provisions of this act, and of the aforesaid ori£;inal 
act, or cither of them, whenever it shall be deemed 
expedient so to do. 

[Approved by the Governor, January 21st, 1823.] 



CHAP. XXXVI. 

All Act to incorporate the Penitent Females' Refuge, 
in the City of Boston. 

Sec. 1. OE it enacted bij the Senate and House of 
Jlepresentatlves, in General Court assembled, and by 
the authority of the same. That Horace Fox, Edmund Persons ineorpo- 
Parsons, Abraham A. Dame, Thomas Vose, William'''"* 
Jenks, John C. Proctor, Pliny Cutler, John Tappan, 
Aaron P. Cleveland, Charles Tappan, Henry Homes, 
George Odiorne, Heman Lincoln, Edmund A. Win- 
chester, George J. Homer, Francis Wayland, Junior, 
Moses Grant, and Alden Bradford, together with such 
others as may hereafter be associated with them, and 
their successors, be, and they hereby are incorporated 
by the name of the Penitent Females' Refuge, in the 
City of Boston; and by that name shall be a corpora- 
tion forever, for the purpose of affording relief, assist- 
ance, and protection to penitent females; with power 
to have a common seal, to receive and hold any sum General powers. 
or sums of money, from persons disposed to promote 
the intentions of said society; to make contracts re- 
lative to the objects thereof, to sue and be sued, to 
establish by-laws and orders for the regulation of 
said society, and the due preservation and application 
of its funds; provided, the same be not repugnant to 
the constitution and laws of this Commonwealth; and 
to take and hold real and personal estate, not exceed- 
ing the sum of twenty thousand dollars. 

Sec. 2. Be it farther enacted, That said corpora- 
tion shall annually meet in Boston, at such time and 
9 



60 CENTRAL UNIVER. SOC. Jan. 21, 1823. 

place, as they may fi'oin time to time appoint, for the 
purpose of electing, by ballot, such officers as they 
may think proper, who shall hold their respective offi- 

Eiectioii of offl- ces for the term of one year, and until others shall be 
elected and qualified in their stead, with such powers 
and duties as may be prescribed by the by-laws of 
said corporation. ^ 

Sec. 3. Be it further enacted, That any two of the 
persons above named be, and they hereby are author- 

Firsi Meeting, ized to Call thc first meeting of said corporation, by 
advertisement printed in any newspaper published in 
the City of Boston, at least seven days prior to the 
appointment of such meeting. 

Sec. 4. JJe it further enacted, That the present 

Duty of Officers, officers of Said association shall continue to execute 
their several duties until an election of officers sliall 
have taken place, agreeably to the provisions of said 
act: Provided, nevertheless, that the Legislature may 
alter or repeal this act, whenever it shall be deemed 
expedient. 

[Approved by the Governor, January 21st, 1823.] 



CHAP. XXXVIL 

All Act to incorporate the Central Universalist 
Society, in the City of Boston. 

Sec. 1. OE it enacted hy the Senate and House of 
llepreseniatives, in General Court assembled, and hy 
the authority of the same. That James Davis, Abraham 
Persons incoipo- A Dame, Stillmau Willis, Samuel Gray, Abner Joy, 
Aaron Cooley, Henry D. Gray, Jedediali Blanchard, 
Isnac Dupec, Jacob Todd, John Roulstone, Thomas 
Hudson, VvlUiam Wright, Charles Holmes, Michael 
Roulstone, William B. Daniels, Joseph S. Rogers, 
Edward Russell, Stephen Parker, Amos Penniman, 
Nicholas Little, Calvin Haskell, Edward Prescott, 
David Viual, Jonathan Loring, Levi Brigham, John 



CENTRAL UNIVER. SOC. Jan. 21, 1823. 61 

Blanchard, Otis Briggs, Jonathan Livermore, John 
Ladd, James Fillebrovvn, Elijah Tiask, Junior, Isaac 
K. Wise, Otis Clailen, Jonathan Jewit, Noah Har- 
rington, Thomas Gaffield, Simeon Hawkes, Ebenezer 
Smith, John Muzzy, William Lawrence, John Hatch, 
James Page, Mordecai L. Wallis, Joseph Stuart, John 
Peircc, Theophilus Burr, Cliarles M. Domett, Isaac 
Davis, Benjamin M. Bramhall, Ezekiel Jones, Walter 
Cannel, Frederick W. Clapp, Charles Veazie, and 
Joshua Davis, and all others who may associate with 
them, and their successors, be, and they are hereby 
incorporated as a religious society, by the name of the 
Central Universalist Society, in the Ci^y of Boston ; 
with all the privileges, powers and immunities, to General powers, 
which other religious societies in this Commonwealth 
are entitled by law. 

Sec. 2. Be it further enacted, That the said society 
shall be capable, in law, to purchase, hold, and dis- 
pose of any estate, real or personal, for the use of saidMayhow reai& 
society; provided, the annual income thereof shall not^'"'"" 
exceed, at any time, the value of five thousand dollars. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace for the County of Suffolk, be, and he here- 
by is authorized, to issue his warrant to some member 
of said society, requiring him to warn the members 
thereof to meet at such convenient time and place, in First Meeting:. 
said City of Boston, as shall be therein directed, to 
choose a Moderator, a Clerk, a Treasurer, and such 
other Officers, Committee or Committees, as they shall 
deem needful. 

[Approved by the Governor, January 21st, 1823.] 



CHAP. XXXVIIL 

An Act in addition to an Act, entitled ^^An Act to 
regulate the Fishery in Taunton Great River." 

Sec. 1. Ke 2f enacted by the Senate and House of 
Representatives f in General Court assembled, and by 



Prohibition of 
privilege. 



62 TAUNTON G. RIVER DAM. Jan. 21, 1823. 

the authority of the same, That from and after the pas- 
siii^^ of this act, it shall not he lawful for the purchaser 
or purchasers of any privilege of catchij)^ shad or ale- 
wives of any of the towns situated on Taunton Great 
River, to locate the place or places on said river, for 
the purpose of catching said fish, or sweep, or use 
seines or nets for that purpose, within one hundred 
rods of the mill dam lately erected across said river 
by Samuel Crocker and others, near King's Bridge, so 
called, any thing in the act, entitled "an act to regu- 
late the fishery in Taunton Great River," to which 
this is an addition, to the contrary notwithstanding. 

Sec. 2. Be it further^ enacted, That it shall not be 
lawful for the said purchaser or purchasers, or any 
other person, to impede, interrupt, or turn tlie course of 
the fish within the distance of one hundred rods of the 
mill dam aforesaid, for the purpose of taking said fish 
without or beyond that distance. 

Sec. 3. Be it further enacted, That any person 
duly convicted of a breach of the second section of this 
Fines. act, shall forfeit and pay the sum of fifty dollars for 

each and every such offence, to be recovered and ap- 
propriated in the manner provided in the fourth section 
of the act, to which this is in addition. 

[Approved by the Governor, January 21st, 1823.] 



Fish not to be 
impeded. 



CHAP. XXXIX. 



An Act authorizing Samuel Crocker and others to 
establish a Dam across Taunton Great River. 



Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of tM same, That Samuel Crocker, 
Charles Richmond, Dolly Caswell, all of Taunton, 
and Horatio Leonard, of Raynham, together with their 
associates and assigns, be, and they hereby are author- 
Dam to be buiit.ized to build, have and maintain a dam across Taun- 



FIRST BAP. SOC. FRAMING'M. Jan. 22, 1823. 63 

ton Gicnt River, so called, on the land of the said 
Crocker and his associates, in the Towns of Taunton 
and Haynham ; said dam to be erected and maintained 
at some place not more than ten rods below King's Location. 
Bridi^e, on said river, for the purpose of establishing 
and carrying on mills and manufactories : Provided, 
however^ that the said right to erect said dam shall be 
subject to all the restrictions, limitations and provisions, Resukiions. 
whicii are contained in an act, entitled <'an act author- 
izing Stephen King, and his associates, to establish a 
dam across Taunton Great River, so called," passed 
on the fourteenth day of June, in the year of our Lord 
one thousand eight hundred and thirteen. 

[Approved by the Governor, January 21st, 1823.] 



CHAP. XL. 

An Act in addition to an Act, entitled "An Act 
to establish the First Baptist Society, in Framing- 
ham.'^ 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That any person belonging 
to the Town of Framingham, or to either of the adjoin- 
ing towns, who may hereafter wish to join in religious 
worship, and to become a member of the First Baptist conditions of 
Society in Framingham, shall have liberty so to Jq^^'^'"'^'^'*'*'!'- 
by giving notice of such desire and intention, in wri- 
ting, to the Clerk of the society where such person 
has formerly attended on public worship, and also a 
copy of the said notice, in writing, to the Clerk of the 
said Baptist Society, fifteen days at least previous to 
the annual meeting; and such person, from the date 
aforesaid, shall be considered a member of the said 
Baptist Society. 

[Approved by the Governor, January 22d, 1823.] 



64 BOSTON. GAS LIGHT COMP. Jan. 22, 1822. 

CHAP. XLI. 

An Act to incorporate the Boston Gas Light Company. 

Sec. 1. OE it enacted hy the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That William Prescott, 

Persons incorpo- Alexander Parris, Bryant P. Tilden, Nathan Hale, 
John C. Gray, and all such persons as are, or shall he 
associated with them, and their successors, be, and 
they are hereby incorporated for the purpose of fur- 
nishing gas light in the City of Boston, by the name 
of the Boston Gas Light Company; and by that name 
may sue and prosecute, and be sued or prosecuted to 
final judgment and execution, and do and suffer all 

Geucrai poweii.other uiattcrs and things which bodies politic may, and. 
ought to do or suffer; and may have and use a common 
seal, and the same break and alter at their pleasure; 
and by their said corporate name, may purchase, take 
and hold, real and personal estate, not exceeding in 
the whole value, seventy five thousand dollars. 

Sec. 2. Be it further enacted, ^''hat the said corpo- 

Directorsand ratlou uiay clcct so many Directors and other Officers, 
and divide their capital stock into such number of 
shares, and establish and put in execution such by- 
laws and regulations, as the members thereof may 
judge necesH?ivy ', provided, the same are not repugnant 
to the laws and constitution of this Commonwealth. 

Sec. 3. Be it further enacted, That the said corpo- 
ration, with the consent of the Mayor and Aldermen 
of said City of Boston, shall have power and authority 
to open the ground in any part of the streets, lanes, 
and highways, in said city, for the purpose of sinking 

Rigi.ttosink and repairing such pipes and conductors as may be 

^'^'^'* necessary to sink for the purpose aforesaid. And that 

the said corporation, after opening the ground in the 
said streets, lanes or highways, shall be held to put 

streets must be the Same agaiu into repair, under the penalty of being 

repaired. prosBcutcd for a uuisauce : Provided, that the said 
Mayor and Aldermen, for the time being, shall at all 
times, have t.hc power to regulate, restrict and control 



BAP. SOC. BELCHERTOWN. Jan. 22, 1823. 65 

the acts ami doings of said corporation, which may, in 
any manner, affect the health, safety, or convenience of 
the inhabitants of said city. 

Sec. 4. Be it further enacted, That said corporation 
shall have full power, from time to time, to make and Assessments. 
assess such assessments and taxes, as they shall deem 
necessary, on the shares in said corporation ; and on 
neglect or refusal to pay the same, to sell such shares 
at vendue, for the payment thereof, after advertising 
the same in two of tlie newspapers published in Bos- 
ton, for the sj)ace of twenty days previous to the sale, 
paying the overplus, if any there he, after the payment 
of such assessments and taxes, and of the charges of 
sale, to the owner of the share or shares so sold. 

Sec. 5. Be it further enacted, That the said Wil- 
liam Prescott, or Alexander Parris, be, and they are 
hereby empowered to call the first meeting of the said First Meeting. 
corporation, by a notification in one of the newspapers 
of Boston, aforesaid, fourteen days previous to such 
meeting ; and the said corporation, at such meeting, 
shall agree upon the mode of calling future meetings. 

[Approved by the Governor, January 22d, 1823.] 



CHAP. XLII. 

An Act to establish the Baptist Religious Society, in 
Belchertow n, in the County of Hampshire. 

Sec. 1. OE it enacted hj the Senate and House of 
llejpresentatives, in General Court assembled, and by 
the authority of the same, That Abram Weston, Asaper 
Clark, Eleazer Owen, Roger Upham, Joseph Billing,'" 
Benjamin Burden, Samuel Leach, Giles Perkins, John 
Shaw, William Chamberlin, John Giddins, Smith 
Barret, Harvey Wright, Michael W. Hill, Jonathan 
Paine, Peter Daniels, Moses Hayden, Reuben Barton, 
Reuben Cleveland, Josiah Kenfield, Ebenezer Green, 
James Downing, Abram R. Murdock, Peter Leach, 



66 BAP. SOC. BELCHERTOAVN. Jan. 22, 1823. 

Orsamns Kenfield, Joel Konfiekl, Celina Darling, 
Benjamin 11. Darling, Enoch Thayer. John Nutting, 
Lucretia Nickerson. Joseph Howard, Moses Reckard, 
Jeremiah Weston, Simeon Clark, Samuel Perry, Elam 
Wright, Isaac Robkison, Elijah Clark, Russell Jenks, 
Samuel Kimball, Junitn*, James Snow, Nathan Rice, 
Enos Clark, Robert Fowler, Daniel Poole, Charles 
Barret, David Smith, Alpheus Plomly, Clark Weston, 
Jonathan Thayer, Junior, Rozil Thompson, Samuel 
Perkins, Richard Mason, Andrew Howard, Randall 
Stanton, Jonathan Thayer, Nathaniel Kellogg, Willis 
Arnold, Reuben Thayer, William Clark, together 
with their associates, their families, polls and estates, 
be, and they hereby are incorporated, for religious 
purposes only, by the name of the Baptist Religious 

General powers. Soclety lu Belcliertowu ; with all the powers, privi- 
leges, and immunities of other parishes, or religious 
societies, agreeably to the constitution and laws of this 
Commonwealth. 

Sec. 2. Be it further enacted, That any person, 
who may hereafter wish to join in religious worship, 
and become a member of said Baptist Religious Soci- 

conditionofse- ety, \\\ BclchertowH, or any person, who may wish to 

cession, leavc the same, and unite with some other religious 

society, shall have liberty so to do, by complying with 
the formality prescribed in the second section of an 
act, passed on the eighteenth day of June, in the year 
. of our Lord one thousand eight hundred and eleven, 
entitled ''an act respecting public worship and reli- 
gious freedom:'' Provided, also, that every person 
who may leave said society, shall be holden to pay 
his or her proportion of all monies voted and not paid, 
prior to the leaving of said society. 

Sec. 3. Be it further enacted, That any three of 
the persons named in this act, are hereby authorized 

First Meeting, to Call the first meeting of said society, by posting a 
notification at their meeting house in Belchertown, 
giving at least, seven days notice of the time and place 
of such meeting, for the purpose of choosing the officers 
necessary to manage their prudential affairs, and of 
determining the mode of calling and notifying future 
meetings of said society. 

[Approved by the Governor, January 22tl, 1823.] 



BERKSHIRE MED. INSTl. Jayi. 24, 1823. 67 



CHAP. XLIII. 

An Act to incorporate the Berkshire Medical 
Institution. 

Sec. 1. £>E it enacted hy the Senate and House of 
Rejjresentatives, in General Court assembled, and by 
the authority of the same. That there be established in 
the Town of Pittsfield, in the County of Berkshire, a 
Medical lustitution, and that Heman Humphrey, John person incorpo- 
P. Rachelder, Henry Hub])ard, Samuel M. McKay, ''"^''* 
and Henry H. Childs, and their associates and suc- 
cessors, be, and they are hereby constituted a body 
politic and corporate, by the name and style of the 
Trustees of the Berkshire Medical Institution; with a 
corporate seal, which they may alter and cliange at 
their pleasure; and shall in law be capable of suing, General powe«. 
and being sued, in all actions, real, personal or mixed, 
and prosecute and defend the same to ilnal judgment 
and execution, in all courts and places whatever, and 
of holding real and personal property, and of filling 
and supplying all vacancies, which shall occur in said 
corporation ; and may also have power to remove any 
Member or Trustee, who, by age, infirmity, or any other 
cause, is incapable of discharging the duties of his 
office, or who shall neglect or refuse to perform the 
same : Provided, that the real estate, which said Trus- Pioviso. 
tees shall be entitled to hold, shall not exceed the sura 
of fifty thousand dollars, and the personal estate shall Limitation of es- 
not exceed the sum of fifty thousand dollars: And j'vo- '"''''" 
vided, further, that the number of Trustees shall not Trustees. 
exceed fifteen, nor be less than seven; and that fiv6 
shall constitute a quorum to do business. 

Sec. 2. Be it further enacted, That the said Trus- 
tees, and their associates and successors in office, or a 
majority of them, shall have power to elect all such 
officers, and to make sucli by-laws, rules and regula- Ekciionofon:- 
tions, for the proper management of said corporation, *"'''■ 
and for the good government of said institution, as they 
shall deem expedient and proper; provided, the same 
10 



68 TAUNTON MANU. COMP. Jan. 24, 1823, 

be not repugnant to the constitution and laws of this 
Commonwealth. 

Sec. 3. Be it further enacted, That the objects of 
this corporation shall be confined to the promotion of 
medical science, and the sciences immediately connec- 
ted therewith ; and for this purpose the said Trustees 
Lyceum, shall be authorizcd to establish a Lyceum of Natural 

History, with power to elect such and so many mem- 
bers thereof as they may deem expedient and proper. 
Sec. 4. Be it further enacted^ That all medical de- 
Degrees confer- grees, conferred upon the Students in said institution, 
shall be conferred by the President and Trustees of 
Williams College, under the same rules and restric- 
tions, as are adopted and recognized, in conferring 
degrees of the same nature, by the University at 
Cambridge. 

[Approved by the Grovernor, January 24th, 1823.] 



red 



CHAP. XLIV. 

An Act to establish the Taunton Manufacturing 
Company. 

Sec. 1. 13 E it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and btj 
the authority of the same, That Samuel Crocker, John 
j>er3on9incorpo- McLean, Charlcs Richmond, Israel Thorndike, Ed- 
mund U wight, Israel Thorndike, Junior, Harrison 
Gray Otis, Junior, William Havard Eliot, and James 
W. Otis, together with such other persons as have 
associated, or may hereafter associate with them, their 
'" successors and assigns, be, and they are hereby made 

a corporation, by the name of the Taunton Manufac- 
turing Company, for the purpose of rolling copper and 
iron, and manufacturing nails, and other modiiications 
of iron; and also for the purpose of manufacturing 
cotton and wool in the Town of Taunton, and County 
of 15ristol; and for this purpose shall have all the 



SCITUATE BRIDGE. Jan. 24, 1824. 69 

powers and privileges, and be subject to all tbe duties General powers. 
and requirements contained in au act, passed in the 
year of our Lord one thousand eight hundred and 
nine, entitled "an act deilning the general powers and 
duties of manufacturing corporations/' and in the sev- 
eral acts passed in addition thereto. 

Sec. 2. Be it further enacted. That the said corpo- 
ration may be lawfully seized of such real estate, not Limitation of 

I'l 1 f , 1 I 111 1111 '■'-'''' ''"'' person- 

exceeding the value of two hundred thousand dollars, ai estate. 
and such personal estate, not exceeding four hundred 
thousand dollars, as shall be necessary and conve- 
nient for establishing, and carrying on the manufac- 
tures aforesaid. 

[Approved by the Governor, January 24th, 1823.] 



CHAP. XLV. 

Au Act to establish the Bridge between the Towns of 
Scituate and Cohasset, next above the Gulf Mill 
Dam, so called. 

JjE it enacted by the Senate and House of 
Rejiresentatives, in General Court assembled, and by 
the authority of the same, That the bridge erected by 
the inhabitants and proprietors of Farm Neck, so call- 
ed, between the Towns of Scituate and Cohasset, next 
above the Gulf Mill Dam, so called, be, and hereby is 
authorized and established by law; and shall continue 
so long as the aforesaid inhabitants and proprietors of 
Farm Neck shall keep the aforesaid bridge in repair. Bridge to be kept 
at their own expense; provided, that the aforesaid jn. '"^^p*"^* 
habitants and proprietors shall construct a draw in 
said bridge, for the convenience of any vessels to pass 
through, when required so to do by the Legislature. 

fApproved by the Governor, January 24th, 1823.] 



70 SHIP WlimHTS' SOC. BOSTON. Jan. 24, 1828. 



CHAP. XLVI. 

An Act to incorporate the Columbian Charitable So- 
ciety of Shipwrights and Caulkers, of Boston and 
Charlestown. 



Sec. 1. Be /^ enacted hy the Senate and House of 
Mepresentatives, in General Court assembled, and hy 
the authority of the same, That Thomas Whitman, 

Persons incorpo- Benjamin Turner, Seth Grammar, Samuel Holbrook, 

'T " Wiiliam Learned, together with their associates and 

successors, be, and they are hereby incorporated, by 
the name of the Columbian Charitable Society of 
Shipwrights and Caulkers, of Boston and Charles- 

Geneiai powers. town; witli povver to have and use a common seal, and 
to make by-laws for the governing of the affairs of the 
said association, and the management and application 
of its funds; and also for promoting inventions and 

Premiums. improvemcuts in their art, by granting premiums; to 
assist mechanics with loans of money, and to relieve 

Loans. thc dlstresscs of unfortunate mechanics, and their fam- 

ilies; and shall have and nse all other privileges in- 
cident to, and usually given by acts of incorporation, 
to charitable societies. And the said association may 

May hold real hold rcal cstatc not exceeding in value two thousand 

a^.^dpersona es- j^^j|^^,^^ ^j^^j pcrsoual cstatc uot exceeding five thou- 
sand dollars. 

Sec. 2. Be it further enacted, That any two of the 
persons herein named, are hereby empowered to call 

Xust meeting, tile first meeting of the said association, at such time 
and place as they may appoint, by giving personal 
notice, to each of their associates, to choose their offi- 
cers; at which meeting the mode of calling future 
meetings sliall be regulated and settled. 

Sec. 3. Be it further enacted. That this act may be 

Lo(j.siativecon- amended, revised, and repealed at the pleasure of the 
Lesjislature. 



iro 



3' 



[Approved by the Governor, January 2 1th, 1823.] 



FIRST CONG. SOC. WINDSOR. Jan. 25, 1823. 71 



CHAP. XL VII. 

An Act to incorporate the First Congregational 
Society, in Windsor. 

Sec. 1. Jr>E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That all the inhabitants of 
the Town of Windsor, with all the lands in said town, 
(except such inhabitants, and such lands, as do, by 
law, belong to some other parish or religious society, 
or are by law exempt from parish charges in said 
Town of Windsor,) be, and they are hereby incorpo- 
rated as a parish, by the name of the First Congrega- Tuie. 
tional Parish in Windsor; and are hereby vested with 
all the rights and privileges, and subject to all the oeneiai powers, 
duties of other parishes or religious societies, accord- 
ing to the constitution and laws of this Common- 
wealth: And the said First Congregational Parish in 
Windsor shall hold all its property in such manner 
as to secure to the use of the said first parish, all the 
real and personal estate, now belonging to the Town 
of Windsor, considered as a Congregational Parish ; pamu property, 
and so as that said first parish shall be taken and 
held as the lawful successor of said Town of Wind- 
sor, so far as respects all parish concerns: Provided, vroyuo. 
however, that nothing in this act, shall take from the 
Town of Windsor aforesaid, any rights or property, 
to which they are now legally entitled. 

Sec. 2. Be it further enacted, That the first meet- 
ing of the said parish shall be convened by warrant, 
to be issued by a Justice of the Peace, for the County 
of Berkshire, upon application therefor, directed to a Meetings. 
freehold inhabitant and member of said parish, direct- 
ing him to notify and warn the members of said parish 
to meet at such convenient time and place, as shall be 
appointed in the said warrant; and the said parish, 
being thus assembled, may agree upon and settle the 
metliod of calling future meetings. 

[Approved by the Grovernor, January 25th, 1823.] 



72 JB. & S. MANUFAC. COMP. Jan. 21, 1823. 



CHAP. XLVllI. 

All Act to incorporate the Boston and Springfield 
Manufacturing Company. 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Israel E. Trask, Jon- 

persons incovpo- athan Dvvight, Junior, Edmund 1) wight, Joseph Hall, 
Junior, Benjamin Hay, James Brewer, Joseph Brown, 
John W. H wight, Jonathan H wight, the third, James 
S. Hwight, and Samuel Henshavv, their successors and 
assigns, are hereby incorporated, by the name of the 
Boston and Springfield Manufacturing Company, in 
the Town of Springfield, and County of Hampden, for 
the purpose of manufacturing cotton and iron ; with all 

General powers thc powers aud privilcges, and subject to all the du- 
ties and requirements prescribed in an act, entitled "an 
act defining the general powers of manufacturing cor- 
porations," passed the third day of March, in the year 
of our Lord one thousand eight hundred and nine, and 
the several acts in addition thereto. 

Sec. 2. Be it further enacted, That the said corpo- 
ration may hold personal estate to the amount of four 
hundred thousand dollars, and real estate, not exceed- 
ing one hundred thousand dollars, to be divided into 
shares of one thousand dollars each. 



Limitation oi" 
real and person 
al estate. 



[Approved by the Grovernor, January 27th, 1823.] 



CHAP. XLIX. 

An Act to enlarge the Jurisdiction of the Court Com- 
mon Pleas, in and for the County of Nantucket. 

JBe it enacted by the Senate and House of 
llejjresentatives, in General Court assembled, and by 
the authority of the same. That the Court of Common 



SALISBURY MAISU. COMP. Jan. 30, 1833. 73 

Pleas, when sitting in the County of Nantucket, shall 
have original jurisdiction, conriin-ent with the Supreme original jmis 
Judicial Court, of all crimes and oifences, arisiug or 
happening within the said County of Nantucket, ex- 
cepting such as are capital. And the said Court of 
Common Pleas, when sitting in the said County of 
Nantucket, shall and may exercise such jurisdiction, 
any law, usage, or custom to the contrary notwith- 
standing; saving to any party, convicted in said Court 
of Common Pleas, his or her right of appeal to the Appeal. 
said Supreme Judicial Court, which shall next be 
holden in Boston, within the County of Suffolk, and 
for the Counties of Suffolk and Nantucket, as is now 
provided by law in other cases. 

[Approved by the Governor, January 30th, 1823.] 



CHAP. L. 

An Act to incorporate the Salisbury Woollen 
Manufacturing Company. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives f in General Court assembled^ and by 
the authority of the same, That George Jenkins, John Persons incorpo- 
Willis, Junior, Edward S. Hand, and James Horton,'"' ' 
their associates, successors and assigns, be, and they 
are hereby made a corporation, by the name of the 
Salisbury Woollen Manufacturing Company, for the 
purpose of manufacturing wool, at Salisbury and 
Araesbury, in the County of Essex; and for this pur- 
pose, shall have all the powers and privileges, and be General powers. 
subject to all the duties and requirements, contained 
in an act, passed on the third day of March, in the 
year of our Lord one thousand eight hundred and 
nine, entitled " an act defining the general powers and 
duties of manufacturing corporations," and the acts in 
addition thereto. 

Sec. 3. Be it further enacted, That the capital 



74 



Limitation of 
capital stock. 



Real estate. 



ENGINE MEN, BOSTON. 



Jan. 30, 1823. 



stock sball not exceed the sum of one hundred thou- 
sand dollars, and they may, in addition to the sum 
aforesaid, be lawfully seized and possessed of such 
real estate, as may be necessary and convenient for 
the purposes aforesaid, not exceeding the value of 
seventy five thousand dollars, including the buildings 
and improvements that may be made thereon, by the 
said corporation. 

[Approved by the Governor, January 30th, 1823.] 



Disposition of 
Excise, 



CHAP. LI. 

An Act respecting Law Libraries. 

IjE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and hy 
the authority of the same, That the excise paid by At- 
tornies, on their admission to the Supreme Judicial 
Court, shall hereafter be paid and appropriated in the 
same way and manner as the excise now paid by At- 
tornies on their admission to the Court of Common 
Pleas, is paid and appropriated, any law to the con- 
trary notwithstanding. 

[Approved by the Grovernor, January 30th, 1823.] 



CHAP. LII. 

An Act to authorize the Mayor and Aldermen of the 
City of Uoston, to increase the number of Engine 
Men, in certain cases. 

JjE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That whenever the Fire 



BRIGHTON SCHOOL FUND. Jan. 30, 1823. 75 

wards of the City of Boston, shall represent in writing 
to the Mayor and Aldermen of said city, that an in- 
crease of the number of men, now by law authorized 
to be appointed, to any particular engine, within said 
city, may be required, in consequence of suction-hose, 
or any increase power of such engine, or the additional 
apparatus thereto, for the more speedy and effectual 
extinguishment of fire, within said city, it shall be law- 
ful for the said Mayor and Aldermen to nominate and 
appoint such additional number of men, not exceeding increase of En 
ten in anyone case, to the number now by law author- ^'"'' 
ized to be appointed; who shall beheld to perform all 
the duties, and enjoy all the privileges and exemptions, 
other engine men are entitled to, by the several laws 
now in force. 

[Approved by the Governor, January 30th, 1823.] 



CHAP. LIII. 

An Act to incorporate the Proprietors of the Brighton 
School Fund. 

Sec. 1. OE it enacted by the Senate and House of 
.Represe7itativeSf in General Court assembled, and by 
the authority of the same, That Gorham Parsons, persons incorpo- 
Nathaniel Champney, and Francis Winship, all or^'""' 
Brighton, in the County of Middlesex, together with 
their associates, being the proprietors of a school fund, 
in the said town, and such other persons as shall here- 
after become members of said association, according to 
the rules and conditions which shall be established by 
the by-laws and regulations of the corporation herein- 
after created, be, and they hereby are made a body 
politic and corporate, by the name of the Proprietors 
of the Brighton School Fund; and by that name shall 
sue and be sued, plead and be impleaded, defend and General powers. 
be defended, in any court of law or elsewhere, in all 
manner of actions whatsoever ; and in their corporate 
11 



76 BRIGHTON SCHOOL FUND. Jan. 30, 1823. 

capacity, they and their successors shall be capable to 
purchase, hold and enjoy, in fee simple, or otherwise, 
lands, rents, and hereditaments; and likewise to take 
and hold, by donations, bequest, subscription, or other- 
wise, any kind of personal property, and the same to 
give, grant, sell and dispose of at their pleasure, so 
that all the estate aforesaid, and the income and pro- 
ceeds thereof, shall, at all times, be appropriated solely 
to the purpose of maintaining and supporting a school, 
or schools, in said town of Brighton: Provided^ that 

Limitation of the wholc of Said real and personal estate shall never 
exceed, in value, the sum of thirty thousand dollars ; 
and the said corporation shall have power to have and 
use a common seal, and the same to alter, change or 
renew at pleasure. 

Sec. 2. Be it further enacted, That the said corpora- 
tion shall have power to determine the place and times 
of their meetings, and the manner of notifying and 
calling the same, and to elect once in every year, or 
oftener, from amongst the said proprietors, such officer 

Anmiai election or oflRccrs, as tlicy may think expedient, and to estab- 
lish any by-laws for the due and proper management 
of the affairs of said corporation, and the same, at 
pleasure, to alter or repeal; provided, the same be 
not repugnant to the constitution and laws of this 
Commonwealth. 

Sec. 3. Be it further pvacfed. That either of the 

First meetins- pcrsous named in this act may call the first meeting 
of said corporation, by posting up a notification at the 
meeting house in said Brighton, as heretofore practised 
by said proprietors, seven days at least, before the day 
of such meeting ; at which meeting, the said proprie- 
tors may proceed to execute any of the powers vested 
in them by this act. 

[Approved by the Governor, January SOth, 1823.] 



PICKEREL, IN CANTON, &c. Jan. 31, 1823. 77 



CHAP. LIV. 

An Act to prevent the destruction of the Fish called 
Pickerel or Pike, in the Ponds in the Towns of 
Braintree, Canton and Randolph, in the County of 
Norfolk. 

Sec. 1. IjE 2f enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the first 
day of March next, it shall not be lawful for any per- 
son or persons to take any fish, called the pickerel or 
pike, in any of the ponds called the Great Pond, in the 
towns of Braintree and Randolph, and the Little Pond Fishing inter- 
in the town of Braintree, and the pond called Ponka-'''"^*^ 
poag, in the towns of Canton and Randolph, from the 
first day of December, to the first day of April, in each 
and every year; and every person offending contrary 
to the true intention and meaning of this act, upon con- 
viction thereof before any Justice of the Peace within 
the County of Norfolk, shall pay a fine of fifty cents Fiacs. 
for each and every pickerel, or pike, so taken, to and 
for the use of the person who shall sue for the same, 
together with all legal costs of prosecution : Provided^ 
nevertheless, that either of the towns of Braintree, Can- 
ton or Randolph, may, at their anual meetings in the 
month of March or April, suspend the aforesaid act, so 
far as respects the ponds in their respective towns, for 
the term of one year. 

Sec. 2. Be it further enacted. That all prosecutions 
for any violations of the provisions of this act, shall be 
instituted within thirty days from the time of commit- 
ting the same. 

[Approved by the Governor, January 31st, 1823.] 



78 



EXCHANGE BANK, SALEM. Jan. 31, 1823. 



CHAP. LV. 



Powers, iiTimu' 
nities and res- 
pousibiliuej. 



An Act to incorporate the President, Directors and 
Company of the Exchange Bank. 

Sec 1. OE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That William P. Richard- 
persons incorpo- son, Charles Saunders, George Cleveland, Gideon 
rated. Tucker, John H. Andrews, William Silsbee, William 

Eettyplace, and Stephen White, and their associates, 
successors and assigns, shall be, and hereby are crea- 
ted a corporation, by the name of the President, Direc- 
tors and Company of the Exchange Bank, and shall 
so continue until the first Monday in October, which 
will be in the year of our Lord one thousand eight hun- 
dred and thirty one ; and the said corporation shall 
always be subject to the rules, restrictions, limitations, 
taxes and provisions, and be entitled to the same rights, 
privileges and immunities, which are contained in an 
act, entitled ^^an act to incorporate the President, Di- 
rectors and Company of the Merchants' Bank," a bank 
established and kept in the town of Salem, except as 
the same are so far modified, or altered, by this act, as 
fully and eifectually as if the several sections of said act 
were herein specially recited and enacted. 

Sec. 2. Be it further enacted, That the capital stock 
of the said corporation shall consist of the sum of two 
hundred thousand dollars, divided into shares of one 
hundred dollars each, twenty five per centum of which 
shall be paid, in gold and silver, in ninety days after 
thefirst meeting of the said corporation, and the residue 
in three instalments of fifty thousand dollars each, the 
first in six months, the second in nine months, and the 
tliird in one year after said first meeting, or at such 
earlier time, or times, as the stockholders may direct at 
Condition of div- said meeting ; and no dividend shall be made or de- 
clared on the capital stock of said bank, until the sum 
of two hundred thousand dollars shall have been paid 
in, according to the provisions of this act. And the 
stockholders, at their first meeting, shall, by a majority 



Capital stock. 



Payment of in^ 
stalments. 



EXCHANGE BANK, SALEM. Jan. 31, 1823. 79 

of votes, determine the mode of transferring and dispo- nansftis. 
sing of the said stock, and the proiits thereof, which 
being entered in the books of the said corporation, shall 
be binding on the stockholders, their successors and 
assigns, until they shall otherwise determine. And the 
said corporation are hereby made capable in law to 
have, hold, purchase, receive, possess, enjoy, and re- 
tain to them, their successors and assigns, lands, tene- oeneiai powers. 
ments, and hereditaments, to the amount of twenty 
thousand dollars, and no more, at any one time, with 
power to bargain, sell and dispose of the same, and 
loan and negotiate their monies and effects by discount- 
ing, on banking principles, on such security as they 
shall think advisable: Provided, however, that no- Proviso. 
thing herein contained shall restrain or prevent said 
corporation from taking and holding real estate on mort- 
gage, or execution, to any amount, as security for, or 
in payment of, any debts due to the said corporation ; 
and, provided further, that no monies shall be loaned, 
or discounts made, nor shall any bills, or promissory 
notes be issued from said bank, until the capital sub- Necessary cap:- 
scribed, and actually paid in, and existing, in gold and*" w issue Notes 
silver, in their vaults, shall amount to iifty thousand 
dollars, nor until said capital stock actually in said 
vaults shall have been inspected and examined by three vanits tobecx 
Commissioners, to be appointed by the Governor, for'^'"""'* 
that purpose, whose duty it shall be, at the expense of 
the corporation, to examine the monies actually existing 
in the vaults, and to ascertain, by the oath of the Di- 
rectors, or a majority of them, that said capital stock 
has been bona jide paid in by the stockholders of said 
bank, and towards payment of their respective shares, 
and not for any other purpose, and that it is intended 
to remain therein as part of said capital, and to return 
a certiiicate thereof to the Governor. And no stock- 
holder shall be allowed to borrow any money at said 
bank, until he shall have paid in his full proportion of 
the whole of said capital stock as herein before provi- 
ded and required. 

Sec. 3. Be it further enacted, that the said bank 
shall be established and kept in the Town of Salem. Location. 

Sec. 4. Be it further enacted, That whenever the 
Legislature shall require it, the said corporation shall 



80 EXCHANGE BANK, SALEM. Jan. 31, 1823. 



State may de 
mand loans. 



loan to the Common wealth any sum of money which 
may be required, not exceeding ten per centum of the 
capital stock then paid in, at any one time, reimbursa- 
ble by five annual instalments, or at any shorter period, 
at the election of the Commonwealth, with the annual 
payment of interest, not exceeding five per centum per 
annum: Provided, however, that the Commonwealth 
shall never stand indebted to said corporation, without 
their consent, for a larger sum than twenty per centum 
of their capital then paid in. 

Sec. 5. Be it further enacted, That William P. 
Richardson, George Cleveland, and Stephen White, 
or any two of them, are authorized to call a meeting of 
First meeting, the members and stockholders of said corporation, at 
ce's^ndmlkiugsuch time and place as they may see fit to appoint, by 
bj-aws. advertising the same in the Salem Gazette and Essex 

Register, printed in Salem, for the purpose of making, 
ordaining and establishing such by-laws and regula- 
tions, for the orderly conducting the aifairs of the said 
corporation, as the stockholders shall deem necessary, 
and for the choice of a Board of Directors, to consist of 
nine persons, and such other officers as they shall see 
fit to choose. 

Sec. 6. Be it further enacted, That the Common- 
wealth shall have a right, whenever the Legislature 
state subscrip- shall make provision therefor, by law, to subscribe, on 
account of the Commonwealth, a sum not exceeding 
one half part of the stock actually paid in, to be added 
to the capital stock of said corporation, subject to such 
rule as to the management thereof, as shall be by the 
Legislature made and established. 

Sec. 7. Be it further enacted, That the capital stock 

of said bank shall not be sold, or transferred, but shall 

•stock reserved to be holdeu by the original subscribers thereto, for and 

original owners. ^^^.^^ ^^^ ^QVKSfi of oue ycar from the time of passing 

this act. And in case the same shall not be put in op- 
eration, according to the provisions thereof, within the 
year aforesaid, it shall be void. 

[Approved by the Governor, January 31st, 1823.] 



HOUSE OF INDUSTRY. Feh. 3, 1823. 81 



CHAP. LVI. 

An Act concerning the House of Industry, in the City 
of Boston. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That the City Council of Directors of the 
the City of Boston shall choose annually, in the month fryr' '""•""" 
of May, by ballot, nine discreet and suitable citizens 
to be Directors of the House of Industry, in said city. 

Sec. 2. Be it further enacted, That the said Direc- 
tors shall have and exercise the like authority and 
power, in using, regulating and governing said House powers of oi- 
of Industry, as are had and exercised by Overseers of '^^""'** 
the Poor within this Commonwealth, and may send 
such persons to said house, and for such purposes, as 
Overseers of the Poor are by law authorized to do. 

Sec. 3. Be it further enacted. That the Justices of 
the Police Court in the city of Boston, in the Coun- 
ty of Suffolk, shall have and exercise the like authori- 
ty and power, in ordering commitments to said House 
of Industry, as are now vested in Justices of the Peace, 
as to commitments to Houses of Correction, according 
to the provisions of an act, entitled ^^an act for sup- 
pressing and punishing of rogues, vagabonds, common poiice justices 
beggars, and other idle, disorderly, and lewd persons,'' gabond™&c.^* 
passed on the twenty sixth day of March, one thousand 
seven hundred and eighty eight. 

Sec. 4. Be it further enacted, That the said Direc- 
tors shall, in the mouth of April, in every year, make 
report, in writing, to the City Council, of the persons Aminai Report 
who shall have been resident in said House of Indus- °*^""^"'°'^'* 
try, during the next preceding twelve months, and of 
the manner in which such persons shall have been em- 
ployed during their residence therein ; and the said Di- 
rectors shall also render to the City Council, in the 
month of April, annually, an account of all monies re- 
ceived and paid on account of the said house. 

Sec. 5. Be it further enacted, That all rules and or- Rules aad or- 
ders for the governing and managing said House of In- *^''' 



82 



ST. LUKE'S CHURCH. 



Feh. 3, 1823. 



Limitation of 
power. 



City Council to 
choose first Di- 
rectors. 



diistry, shall, within two months after the same shall 
have been made, be submitted to the City Council ; and 
such rules and orders shall be in force until repealed 
or altered by said Directors, or until disapproved of by 
vote of the said City Council. 

Sec. 6. Be it further enacted, That no rules or 
orders shall be established for the governing and man- 
aging said House of Industry by the Directors thereof, 
unless at a meeting at which five or more of the said 
Directors are present. 

Sec. 7. Be it further enacted, That the City Coun- 
cil of the City of Boston be, and the same hereby is 
authorized and empowered, as soon after the passing of 
this act as they may see fit, to choose nine Directors of 
said House of Industry, to continue in office until the 
election of Directors, which may be made, pursuant to 
this act, in the mouth of May, in the year one thou- 
sand eight hundred and twenty four, any thing in this 
act to the contrary notwithstanding. 

[Approved by the Governor, February 3d, 1823.] 



CHAP. LVII. 



An Act to incorporate the Members of the Protestant 
Episcopal Society of St. Luke's Church, in the 
Town of Lanesborough. 

Sec. 1. JdE it enacted by the Senate and House of 
liejpresentatives, in General Court assembled, and by 
the authority of the same, That Laban Lasell and Ne- 
personsincorpo-hemiah Talcott, Churchwardens, and Ephraim Brad- 
ley, Peter B. Curtis, and Sheldon C. Curtis, Vestry- 
men, of the Episcopal Church of St. Luke, in the Town 
of Lanesborough, together with such others as have or 
may hereafter join said parish or society, and their suc- 
cessors, together with their polls and estates, be, and 
they hereby are incorporated into a society, or body 
politic, by the name of the Protestant Episcopal Parish 



^ated. 



ST. LUKE'S CHURCH. Feb. 3, 1823. 83 

of St. Luke's Church, in Lanesboroiigh ; and the said 
parish are, hereby invested witli full power and author- 
ity to assess and collect of the members belonging to General powei> 
said parish, from time to time, such monies as are, or 
may be necessary for maintaining the public worship of 
God therein, and for maintaining an Instructor of piety, 
religion and morality, and for erecting and keeping in 
repair a house for public worship, when they may judge 
the same necessary ; and the said Episcopal Parish are 
hereby vested with all the powers, privileges and im- 
munities of other religious societies, according to the 
constitution and laws of the Commonwealth. 

Sec. 2. Be it further enacted, That when any per- 
son, or persons, belonging to Lanesborough, or the 
towns adioinine;, may hereafter wish to become mem- conditions of 
bers 01 the said Episcopal Parish in Lanesborough, 
they shall have a right so to do, by complying with the 
requisitions contained in the second section of an act, en- 
titled ^* an act, respecting public worship and religious 
freedom," passed the eighteenth day of June, in the year 
of our Lord one thousand eight hundred and eleven. 
And every person, who shall thus become a member of 
the said Episcopal Parish in Lanesborough, shall be 
exempt from taxation, for religious purposes, in every Exemption. 
other corporation whatsoever, so long as he shall con- 
tinue a member of the said Episcopal Parish inLanes- 
borou,£;h. 

Sec. 3. Be it further enacted, That the said Pro- 
testant Episcopal Parish, be, and they hereby are em- 
powered to raise and establish a fund, in such way church Fund. 
and manner as they may see fit, the annual income or 
interest of which shall not exceed the sum of two 
thousand dollars; the said income or interest, or so 
much thereof as shall be necessary, to be appropriated 
to the support of a Protestant Episcopal Priest, or Appropriation 
Priests, in said parish. And the Wardens and Ves-° 
try-Men of the said parish, for the time being, shall 
be the Trustees of the said fund belonging to said 
parish, and shall have the care and management there- 
of, together with all other property, subject to the con- 
trol and direction of the said parish ; and shall have 
power to sue for, and recover and collect, any monies wardens may 

■"•,., ,, , . , ., . , " sue for tlebti. 

which may be due and owing to said parish. 
12 



84 FISH IN HOOSICK RIVER. Feb. 3, 1823. 

Sec. 4. Be it farther enacted, That llie first meet- 
ing of said parish, shall be convened, by a warrant, to 
rim Meeting, be Issucd by any Justice of the Peace for the County 
of Berkshire, directed to one of the Wardens or Ves- 
try-Men of said parish, requiring him to notify and 
warn the members of tJic said St. Luke's Parish, to 
meet at such convenient time and place, as shall be 
appointed in the said warrant ; and the members of 
the said parish, being so met, and duly organized, 
may agree upon and fix the way and manner of call- 
ing future meetings. 

[Approved by the Governor, February 3d, 1823.] 



t HAP. LVIII. 

An Act to prevent the destruction of Fish in the Hoo- 
sick River, within the Towns of Williamstown and 
Adams. 

Sec. 1. i5E it enacted by the Senate and House of 
Representatives, in General Cornet assembled, and by 
the authority of the same, That from and after the first 

Fishing nets pro- day of May next, it shall not be lawful to take or catch 
any fish, with nets or seines, in the Hoosick River, 
witiiin the Towns of Williamstown and Adams ; and 
every person so oflending, contrary to the true intent 
and meaning of this act, upon conviction thereof, before 
any court of competent jurisdiction, shall pay a fine of 
two dollars, one half to the complainant, and the other 
half to the town in which such oflencc is committed. 

Sec. 2. Be it further enacted, That the inhabitants 
of the aforesaid Towns of Williamstown and Adams, 
may, at tlieir annual March or April meeting, by a con- 

Actmaybesus- currcut votc, susoeud the operation of the prohibitions 

Pt^IiUucl* km. L 

and restrictions contained in this act, for such term of 
time, not exceeding one year, as to them shall seem 
expedient : Provided, however, that the foregoing act 
shall not be so suspended within two years from the 
passing of the same. 

[Approved by the Grovenior, February 3d, 1823.] 



HAMPSHIRE CANAL. Feb. % 1823. 85 



CHAP. LIX. 

An Act to incorporate the Hampshire and Hampden 
Canal Company. 

Sec. 1. Jj E it enacted by the Sevate and Hoiiae of 
Representatives, in General Court assembled, and by 
the authority of the same, That Samuel Hinckley, p<«onsincoipo- 
Ebenezer Hunt, Ferdinand H. Wright, Isaac Damon,'"" ' 
Eliphalet AVilliams, Samuel Fowler, Elijah Bates, 
William Atwater, Enos Foote, John Mills, and He- 
man Laflin, their associates and successors, be, and 
they are hereby constituted and made a body politic 
and corporate, and shall be and remain a corporation, 
forever, under tlie name of the Hampshire and Hamp- 
den Canal Company; and by that name may sue and 
prosecute, and be sued and prosecuted, to final judg- 
ment and execution, and may have a common seal, 
and the same may break, alter and renew at pleasure; 
and shall be, and hereby are vested with all the powers Powers and pri- 
and privileges, which are by law incident to corpora- " *^^^' 
tions of a similar nature, and which are necessary to 
carry into effect the objects of the association. 

Sec. 2. Be it further enacted, That the said corpo- 
ration may, and the same is hereby authorized to lo- Location. 
cate, construct, and fully complete a navigable canal, 
with locks, tow paths, basins, wharves, dams, embank- 
ments, toll houses, and other necessary appendages, 
commencing at Counecticut Kiver, in Northampton, in 
the County of Hampshire, and thence, passing through 
the Towns of Easthampton and Southampton, in the 
County of Hampshire, and Westfield and Southwick, Boundaries. 
in the County of Hampden, in such course, or courses, 
as may be deemed most convenient for said company, 
to the boundary line between Massachusetts and Con- 
necticut; with power to employ and use, as reservoirs, 
or feeders, for the purpose of supplying with water said 
canal, or such works as may have any portion of their 
water diverted from them to supply said canal, the dif- 
ferent ponds, rivers, and streams of water, near or overuseofPo«dsfor 
which the said canal may pass, and also to save the*^'"'^^"' 



86 



HAMPSHIRE CANAL. 



Feb. 4, 1823. 



Deviation from 
orig-inal route. 



May hold real 
estate. 



•lulls 



flood, and other waters of the ponds, rivers and streams, 
so used as aforesaid, and to construct artificial reser- 
voirs for the purposes aforesaid. And the said corpo- 
ration shall have power to connect with said canal, by 
feeders, or by navigable canals, any or all of said 
ponds, rivers, streams, and reservoirs : Provided, how- 
ever, that all damages which may be occasioned to any 
person, or persons, by any of said canals, reservoirs, 
or feeders, or in the construction thereof, shall be sat- 
isfied by said corporation, in manner hereinafter pro- 
vided. 

Sec. 3. Be it further enacted, That if at any time after 
said canal or any of its branches or feeders, are located, 
any unf<n'eseen obstacles, impediments, or inconvenien- 
ces occur on the route located, the said corporation 
shall have power to deviate from the course marked 
out, so far, and in such manner, as may be best calcu- 
lated to surmount, overcome, or avoid such obstacles, 
or inconveniences, said corporation s^atisfying all dam- 
ages which may be occasi .led thereby, in the manner 
hereinafter provided ; and said corporation may, from 
time to time, make such alterations in the course of 
said canal, its branches, and feeders, as may be neces- 
sary or expedient, satisfying all damages in manner 
aforesaid. 

Sec. 4. Be it further enacted, That the said corpo- 
ration be, and is hereby authorized and empowered to 
purchase and hold, to them and their successors, for- 
ever, real estate, not exceeding in value, the sum of 
three hundred thousand dollars, and may erect mills, 
and other works, on the waters connected with said 
canals, feeders, and reservoirs : Provided, however, 
that when, by reason of the construction of said canal 
in any of the towns before mentioned, there shall be no 
grist mill remaining therein, said corporation shall not 
be authorized to construct any other mills, or works, to 
be carried by water, in such town, or towns, respec- 
tively, until provision shall have been made for a grist 
mill therein, for the convenience and accommodation 
of the inhabitants of the same. 

Sec. 5. Be it further enacted. That a toll be, and 
Lerel)y is granted and established, for the sole benefit 
of said corporation, forever, viz. : for every ton, (com- 



HAMPSHIRE CANAL. Feb, % 1823. 87 

piitin^ by weight or admeasurement, at the election of 
said corporation,) that sliall be transported upon said 
canal, or any of its branches, after the rate of not less 
than six cents, nor more than ten cents, per mile, the 
precise rate of toll claimable by said corporation, to be 
determined by the Court of Sessions for said County of 
Hampshire, after a full consideration of the probable 
expense of said canal, and the probable extent of its 
business, and upon application to said court for that 
purpose by the corporation, at any time prior to the 
completion of the wliole or any part thereof; and all 
boats, or other vessels, navigating said canal, or any 
of its branches, whether empty, or loaded in part only, 
shall be subject to pay the same toll for every ton bur- 
then they are capable of carrying ; and the right to 
take toll shall commence as soon as said canal, or its 
branches, or any part thereof, shall be completed. 

Sec. 6. Be it further enacted, That the said corpo- 
ration shall have power, from time to time, to make 
and ordain such by-laws, rules, and resjulations, as By-Laws ami n? 
may be necessary, touching the premises ; especially 
to fix upon and determine the size and form of boats, 
rafts, and all other vessels, that shall be used for the 
purpose of navigating said canal ; to determine the 
times and manner of their passing the locks, and what 
commodities shall not be transported during a want of 
water, should such an event happen on any portion of 
said canal; provided, the same be not repugnant to the 
constitution and laws of this Commonwealth. And the 
penalties provided by said by-laws, rules, and regula- 
tions, may be sued for and recovered by the Treasurer 
of said corporation, or any other person thereunto by 
said corporation authorized, to their use and benefit, 
before any Justice of the Peace, or any court proper topenai«ie% 
try the same, which penalties shall in no case exceed 
the sum of ten dollars. And said corporation shall 
cause all such by-laws, to the breach of which penal- 
ties are affixed, to be printed, and a copy thereof to be 
placed in some conspicuous situation at each toll house. 
And if any person, or persons, shall wantonly or mali- 
ciously mar, deface, or pull down any copy so set up, 
said corporation' may sue for and recover, to their own 
use, a sum not exceeding five dollars, of any such per 
son, or persons. 



88 HAMPSHIRE CANAL. Feb. 4, 1823. 

Sec. 7. Be it farther enacted, That if any person, 
or persons, shall wilfully, maliciously, or wantonly, 
and contrary to law, obstruct the water, or navigation, 
remove, or in any way spoil, injure or destroy said ca- 
nal, or its branches, feeders, or reservoirs, or any part 
thereof, or any thini^ belonging thereto, or any mate- 
rial to be used in the construction thereof, he, she, or 
they, (or any person, or persons, assisting, aiding, or 
abetting in such trespass,) shall forfeit and pay to said 
Treble damages corporatiou, for every such offence, treble such dama- 
ablTsts/ °' ges, as shall be proved before the Justice, Court, or 
Jury, before w hom the trial shall be had, to be sued 
for and recovered before any Justice, or in any Court 
proper to try the same, by the Treasurer of said cor- 
poration, or other officer whom they may direct, to the 
use of said corporation. And such oft'ender, or offen- 
ders, for any offence, or offences, contrary to the above 
Trespassers may provisions of thls act, sliall be liable to indictment by 
the grand inquest of the county, wherein the offence 
was committed, and on conviction thereof, either in the 
Supreme Judicial Court, or any Court of Common 
Pleas, to be holdeu in said county, shall pay a fine, 
not exceeding five hundred dollars, and not less than 
thirty dollars, to the use of the Commonwealth, or may 
be imprisoned for a term not exceeding three years, at 
the discretion of the court, before which the conviction 
may be had. 

Sec. 8. Be it further enacted, That whenever said 
corporation shall have located said canal, or any part 
thereof, or the feeders or branches thereto, or any of 
them, they may make a report thereof to any Court of 
Sessions within and for the said County of Hamp- 
shire, at any regular or adjourned term thereof, 
wherein they shall particularly describe the bearings 
of the intended route, or any section thereof, its width, 
including tow paths, embankments, basins, wharves, 
excavations, the reservoirs intended to be constructed 
or used, and the names of the owners of the lands, so 
far as the same can be ascertained; wliich said report, 
so made, oF the whole, or any section of said canal, or 
of any one or more of the feeders, branches, or reser- 
voirs, shall be placed on the files of said court, and 
notice be given thereof to the owners of the land em- 
braced therein, if known, in such manner as the said 



HAMPSHIRE CANAL. Feb. 4, 1823. 89 

court siiall direct, at the expense of said corporation. 
And the said court shall thereupon appoint three dis- 
interested and discreet freeholders of the said Counties 
of Hampshire or Hampden, one of wliora shall be an 
inhabitant of Hampshire, and one of Hampden, (va- 
cancies, if any happen, to be filled by said court,) to 
estimate all damages, which any person, or persons, 
whose lands are described or mentioned in such re- 
port, will sustain, provided such canal, or any branch, 
or feeder thereof, or basin, wharf, or other appendage, compensation to 
or appurtenant, be constructed thereon. And the said taken ..pV U'^ 

I 1. ' ^ Canal. 

Commissioners, before they proceed to execute their du- 
ties, shall be sworu to a faithful and impartial dis- 
charge thereof, and shall give public and seasonable 
notice, in such manner as said court shall direct, to all 
persons interested, to file their claims (if any they have, 
which have not been released to said corporation,) 
with some one of said Commissioners, or with the 
Clerk of the Courts for the said County of Hampshire, 
within thirty days from the date of said notice. At the 
end of the terra allowed for filing such claims for da- 
mages, the Commissioners, or a majority of them, ha- 
ving previously given notice to all parties interested, 
of the time, and of the extent of the route to be exam- 
ined, by publishing in one or more of the newspapers 
printed at Springfield, in the County of Hampden, and 
in one newspaper printed in said Northampton, an 
advertisement thereof, in three successive papers at 
least, shall pass over the premises so intended to be used 
by said corporation for the purposes aforesaid ; and 
after hearing the parties in interest, or such of them as 
desire to be heard, shall, according to their best skill 
and judgment, estimate all such damages, as they shall 
think any person, or persons, corporation, or corpora- kuIc of com t in 
tions, will sustain by the opening of such canal, or anys<.s 
of its branches, or feeders, through his, her, or their 
laud, or by the construction of any reservoirs, em- 
bankments, tow paths, basins, wharves, or other ap- 
pendages, or by the diversion of the water from any 
of the ponds, rivers or streams herein before mention- 
ed, over and above the benefit and advantages which 
said Commissioners shall adjudge may accrue to such 
person, or persons, corporation^ or corporations, from 



90 



HAMPSHIRE CANAL. 



Feh. 4, 1823. 



Commissioners 
to make return 
10 Court of Sfcs- 



Juries may be 
called, to settle 
damages. 



opening said canal ; and the said Commissioners, or a 
major part of them, shall make return of their doings, 
as soon as may be, to said Court of Sessions, to the 
end that the same may be accepted, allowed, and re- 
corded. And the said court shall thereupon order the 
said report, or the substance tliereof, to be forthwith 
published in one or more of the newspapers printed 
in said Springfield, and in one newspaper printed in 
said Northampton, three weeks successively, at the 
expense of the corporation. And if the corporation, or 
any person or persons interested, shall be dissatisfied 
with the estimate of said Commissioners, application 
may be made by such dissatisfied party to the Court 
of Sessions within and for the county, in which the 
damage complained of has been sustained, at the term 
thereof next after the return and acceptance of such 
report and its publication as aforesaid, for a jury to 
hear and finally determine upon the amount of dama- 
ges to be assessed in the case complained of; which 
said jury sliall be summoned by the Sheriff, under the 
direction of the court, in manner prescribed by law in 
case of complaints for damages occasioned by the lay- 
highways ; and they shall be under oath, 
of the law in such cases. 
And if the party injured in his, her or their estate, ap- 
ply for such jury, and fail to obtain increased dama- 
ges, such party shall be liable for all legal costs ari- 
sing after the entering of such application for a jury ; 
and said court shall enter judgment and issue execu- 
tion accordingly. And if said corporation apply for a 
jury, and fail to obtain a diminution of damages, it 



ing out of 

according to the provisions 



shall, in like manner, be liable for costs 



damages 
: and 



said 



court may enter judgment and issue execution for such 
costs. And if within ninety days after the said corpo- 
ration shall have entered upon the land of any person, 
or persons, and commenced the process of excavation, 
or embankment, for the purpose of constructing said 
canal, or any of its branches, feeders, or reservoirs, it 
shall not pay, or cause to be paid, the damages, if any, 
so assessed in manner aforesaid, by said Commission- 
ers, or such jury, or awarded by referees, mutually 
agreed on by the parties, as hereinafter provided, as 
well such person, or persons, on whose laud opera- 



HAMPSHIRE CANAL. Feb. 4, 1823. 91 

tions are so commenced, as others whose water privi- 
leges shall he thereby injured, may have an action of 
debt against said corporation, in any court proper to 
try the same, to recover such damages. And execu- 
tion, from whatever court the same may issue, for 
damages assessed as aforesaid, or costs, shall be in 
common form, mutatis mutandis, and may be levied 
upon the goods, estate, and lands of said corporation, 
or any member thereof; and in case it issue from the 
Court of Sessions aforesaid, for costs as aforesaid, it 
shall be made returnable at the term of said court then 
next ensuing. And the report of said Commissioners, 
when accepted and recorded, and not appealed from 
in manner aforesaid, or the verdict of a jury, being re- 
turned and recorded, shall forever be a bar to any ac- ucpon and ver. 

.. I ). 1 • I • 1 1' diet to be filial. 

tion commenced tor damages against said corporation, 
on account of the injury for which such damages Avcre 
awarded, other than as is herein provided, saving on- 
ly, that when yearly damages are assessed, the party 
in whose favor they are assessed, or ascertained, by a 
jury, shall have his action of debt to recover the same 
when payable, during the continuance thereof: And 
provided always, that wherever the water privileges of 
any person, or persons, are such, that the Commission- 
ers shall not be able before the canal is actually open- 
ed, to determine, with reasonable certainty, the dama- 
ges which the opening of the canal will occasion, and 
the party injured may request it, the said Commission- 
ers shall assess the damages which such persons will 
sustain during a limited period, at the expiration of 
which time a new application may be made by such 
person, or persons, to tiie Court of Sessions for the 
County of Hampshire, and a new assessment of dama- 
ges shall be thereupon made, in the manner herein be- 
fore provided. And any person or persons, whose water 
privileges shall be injuriously affected by the construc- 
tion of said canal, and who shall not have exhibited 
his or their claims for damages, at the time herein be- 
fore provided for the exhibition of claims for damages, 
may, nevertheless, at any subsequent period, make 
application to the Court of Sessions for the County of 
Hampshire, and thereupon the said Commissioners 
13 



92 HAMPSHIRE CANAL. Feb. 4, i^L 

shall proceed to assess the damages sustained by such 
person, or persons, in manner aforesaid. 

Sec. 9. Be i^/irrfA^r pjzac^pf?, That said corporation 
rri.igrcs to be shall build, and keep in good repair, suitable and con- 
epiunepau. yj.j^j^j^|. (jpjdges over said canal, in all places where 
said canal shall pass any existing public highway, or 
road, or any new one which may be hereafter laid out for 
public use, and such other bridges over said canal, for 
the accommodation of such peVsons as may own lands 
on both sides of the canal, at such place and places, 
and of such dimensions, as the Court of Sessions for 
the respective counties may, on application of the par- 
ties interested, order and direct. 

Sec. 10. Be it further enacted, That if after said 
canal shall be located, and a report of Commissioners 
be made thereon, in manner aforesaid, any alteration 
shall be made in the course thereof, or in the course of 
any of its feeders, or branches, or if any new reser- 
voirs, branches, or feeders, shall be made in aid of 
Estimate of dam- said caual, the damages may be estimated in the same 
''^"' way, and the same proceedings had, in manner provi- 

pioviso. ded in this act : Provided, however, that in all cases it 

shall be competent for said corporation, and any per- 
son, or persons, corporation, or corporations, injured 
by the location of said canal, or any of its tributaries, 
or appendages, to submit the question of damages to 
such referees, as they may agree upon, whose award, 
when returned to the Court of Sessions, within and 
for the county wherein tlie damage has been sustained 
and accepted, shall be iinal ; and said court may en- 
ter judgment accordingly. And said Commissioners 
shall be allowed three dollars a day for their services, 
to be paid by the said corporation. 

Sec. 11. Be it further enacted, That the said cor- 
poration shall be, and is hereby authorized to raise 
Funds to bees- sufficient funds for the accomplishment of the objects 
aioresaid ; and tor that purpose it may, as soon as it 
shall see fit, after the passing of this act, open books 
at some suitable place, or places, wherein subscrip- 
tions may be esitered for shares in the capital stock of 
said corporation, each share to be of the amount of one 
hundred dollars, and each subscriber to be a member 
of the corporation for all purposes ; and as soon as 



HAMPSHIRE CANAL. Feb. 4, 1823. 93 

one thousand shares shall have been suhscribcd, said 
corporation may be organized in manner following, to 
wit : — The petitioners, or any three of them, may 
make application to any Justice of the Peace for tlie 
County of Hampshire or Hampden, requesting him to 
call a meeting of the proprietors, to be holden at some 
convenient place within either of the aforesaid coun- 
ties ; whereupon su'h Justice may issue his warrant 
to any one of said applicants, directing him to notify 
the proprietors to meet at such time and place in i.her 
of said couMties, as the said Justice may therein ap- 
point, to do and transact all such matters and things, 
as may be expressed in such warrant; and the indi- 
vidual to whom such w^arrant shall be directed, shall 
give notice of such meeting, by causing said warrant 
to be published in one or more of the newspapers in 
each of said Counties of Hampshire and Hampden, 
and also in one or more of the newspapers printed in 
New Haven, in the State of Connecticut ; and the 
proprietors may at the same meeting, or at a subse- 
quent one, choose a Clerk, Treasurer, and such other 
OiJicer, or Officers, Committee, or Committees, as they officers to be 
shall judge necessary for regulating the affairs of said '''"'''^°* 
corporation ; and every member shall have a right to 
vote at said meeting, and at all other meetings, by 
himself or proxy, duly authorized in writing, in the 
following ratio : one share, one vote, and every two 
additional shares, one vote. 

Sec. 12. Be it further enacted, That the 1)ooks of 
subscription shall remain open as long as said corpo- Books of suv- 
ration shall see fit; but no assessments shall ever (jq"'''!'"""- 
made, so as to render any subscriber liable to pay 
more than one hundred dollars for a share; nor sliall 
the stock or property of said corporation be liable to 
any species of taxation for the term of eight years stock not to be 
from and after the passing of this act. If after theytavL ''''^'*^''^ 
closing of said books, or at any time, it shall appear, 
that sufficient funds have not been raised, the corpo- 
ration, or its officers, duly authorized, may, at any 
time, and from time to time, raise the necessary funds^, 
by creating and selling new shares upon the best. terms 
that can be obtained. 

Sec. 13. Be it further enacted. That if any sub- 



94 HAMPSHIRE CANAL. Feb. 4, 1823. 

sci'iber shall nesjlect to pay his subscription, or any 
portion thereof, for the space of thirty days after he is 
required so to do, by a vote of the corporation, tlie 
corporation, or any officer duly authorized for that 
purpose, may make sale of such share, or shares, at 
Delinquent pubUc auctloH, to the hlghest bidder, and the same 
» aresma^ e g|jjj^j| j^g trausfcrrcd to tbe Treasurer, in manner here- 
in after provided, to the purcliaser ; and such delin- 
quent subscriber shall be held accountable to the cor- 
poration for the balance of his share, if his share, or 
shares, shall so be sold for less than their nominal 
value, and shall be entitled to the surplus, if any there 
shall be, beyond tbe nominal value. 

8ec. 14. Be it further enacted, That an,y share, or 
Shares transfer- sharcs, of auy member may be transferred by deed ac- 
knowledged and recorded by the Clerk of said corpo- 
ration, in a book to be kept for that purpose : and the 
t Treasurer is hereby authorized to make transfers, in 

like manner, of the shares of members sold accordiisg 
to the provisions of the last preceding section of this 
act. 

Sec. 15. Be it further enacted, That when the 
land, or other property or estate, belonging to infants, 
femmes covert, or persons non compos mentis, shall 
be taken and appropriated for the use and purposes of 
said canal as aforesaid, the husbands of such femmes 
covert, and the guardians of such infants or persons 
Minois'piopcifynon compos mentis, respectively, may execute any 
secareci. dccds, eutcr into any contracts, or do any other mat- 

ter or thing respecting such lands, or other estate, to 
be taken and appropriated as aforesaid, as they might 
do if the same were by them holden in their own 
rights respectively. 

Sec. 16. Be it further enacted, That all expenses 

that have been, or shall be incurred, in procuring the 

inspection, examination, and surveying the location of 

said canal, and also all expenses that have been, or 

shall be incurred, preparatory to the incorporation and 

Expense', to be orgauizatiou of the company, shall be refunded to those 

I'oi-poiate funds, wiio paid the same, out of the first instalment ; and the 

amount thereof shall be entered on the books of the 

company, and become a part of the capital stock. 

'' Six. 17. Be it further enacted^ That from and after 



REGULATING FENCES. Feb, 6, 1823. 95 

the expiration of ten years, from and after the passins; Time umitpd for 

«!• .n,i • I 1 iiiii L opening Canak 

of this act, if the corporation hereby created shall not 
have completed the said canal, the Legislature of this 
Commonwealth may, upon application of any other 
company for the privile^^es hereby granted, incorpo- 
rate such other company for the purpose of making 
said canal. 

[Approved by the Governor, February 4th, 1823.] 



CHAP. LX. 

An Act, in addition to an Act, entitled ^'^An Act for 



regulating Fences." 



B 



• E it enacted by the Senate and House of 
Representatives f in General Court assembled, and by 
the authority of the same^ That in all cases where a 
division of fence betweeu the owners of improved 
lands has been made, either by Fence Viewers or by 
agreement, in writing, between the parties, and re- 
corded in tiie office of the Clerk of the town wherein 
such lands are situate; and in all cases where a divi- 
sion of fence between the owners of improved lauds 
shall hereafter be made, either by Fence Viewers, or 
by agreemeut, in writiug, between the parties, and re- 
corded as aforesaid, the several owners of all such 
lands, and their several heirs and assigns forever, 
shall be holden to erect and support said fences Fences to be 
agreeably to such division: Provided, that if any"''"'^ ' 
person shall lay his lands common, and not improve 
any part of the same adjoining the fence that may 
have been divided as aforesaid, by giving six months pioviso. 
notice of his intention to all the adjoining occupants 
of lands, he shall not be holden to keep up or support 
said fence during the time his lauds shall thus lay 
common and unimproved. 

[Approved by the Governor, February 6th, 1823.] 



96 INSPECTION OF BEEF. Feh. 8, 1823. 



CHAP. LXI. 

An Act, in addition to the several Acts, respecting 
Writs of Review. 

15 E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That every Court of Com- 
mon Pleas shall be, and they are hereby vested with 
the same powers respecting appeals made from all 
judgments rendered by Justices of the Peace, and 
complaints for not entering the same, in cases where, 
by reason of any accident, mistake, or unforeseen 
cause, such appeal or complaint may not be entered at 
the proper term of said court, and on petition, and good 
cause shewn, to order the same to be entered and pro- 

iieviews extend- secuted ; aud also respecting all civil actions and suits 
cognizable by Justices of the Peace, wherein the de- 
fendant has been defaulted for want of actual notice 
of the suit, or by some other accident or mistake, with 
which the Justices of the Supreme Judicial Court 
are by law vested, respecting appeals from judgments 
rendered by Courts of Common Pleas, and complaints 
for not entering the same, and respecting the granting 

, of reviews in actions or suits, wherein the defendant 

has been defaulted, or lost his law. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXII. 

An Act respecting the Inspection of Beef. 

IJE it enacted by the Senate and House of 
Mepresenfatives, in General Court assembled, and by 
the authority of the same, That the Inspector General, 
or his Deputies, may inspect and pack beef of the fol- 
lowing description, viz. : the choice pieces of oxen, 



SUFFOLK COUNTY ATTORNEY. Feh. 8, 1823. 97 

steers, cows, and heifers, of three years old and up- 
wards, weighing four hundred pounds or more, and to 
average five hundred and fifty pounds ; the skin, shoul- 
der, clod, and neck, shall he taken from the fore quar- 
ters, and the legs and leg rand from the hind quarters ; 
the beef to be cut into pieces of as nearly ten pounds 
each as possible, and branded ^^Navy Mess;" and in New Brand. 
other cases to conform to the present inspection law 
for the inspection of beef. 

[Approved by the Governor, February -Sth, 1823.] 



CHAP. LXlll. 

An Act, in addition to an Act, to provide a Salary for 
the County Attorney for the County of Suffolk. 

Sec. 1. Jf E it enacted by the Senate and House of 
Rppresentativps, in General Court assembled, and by 
the authority of the same, That the sum of twelve 
hundred dollars be established as the annual salary of salary. 
the Attorney of the Commonwealth within and for the 
County of Suffolk, to be paid out of the treasury of 
said county, in quarterly payments ; and to be in full 
compensation for his services, and in lieu of all fees 
and charges heretofore received by him, and also for 
services for administering oaths to witnesses, as Com- 
missioner, or otherwise, inclusive. 

Sec. 2. Be it further enacted, That said Attorney 
shall account to tlie Treasurer of said county for all Accomuabiuty 
fees received by him; and the amount shall be (ig_°'A"°'"^>- 
ducted from his salary; or if they exceed the amount 
thereof, the balance shall be paid by him into the 
county treasury ; and in the settlement of the accounts 
for expenses in criminal proceedings between the Com- 
monwealtli and said county, there shall no more be 
charged to the Commonwealth, for the services of said 
Attorney, than his salary as aforesaid. 

[Approved by the Governor, February 8th, 1823.1 



98 N. HAMPTON MANU. COMP. Feb. 8, 1823. 



CHAP. LXIV. 

An Act to incorporate the Northampton Manufacturing 
Company. 

Sec. 1. IjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Nathan Storrs, Josiah 

Persons incorpo-l). Whitney. Charles Tappan, James Bull, Eliphalet 
Williams, Isaac Damon, Theodore Strong, and Jona- 
than H. Lyman, their successors and assigns, be, and 
they are hereby incorporated, by the name of the 
Northampton Manufacturing Company, for the pur- 
pose of mauufacturiug cotton, iron, and wool, in the 

Powers and re- Towu of Northamptou ; with all the powers and pri- 

quucments. yileges, aud subject to all the duiies and requirements, 
prescribed in an act, entitled ^'an act defining the gen- 
eral powers of manufacturing corporations," passed 
the third day of March, in the year of our Lord 
one thousand eight hundred aud nine, and the sev- 
eral acts in addition thereto. 

Sec. 2. Be it further enacted, That the said corpo- 

May hold Real & ration may hold personal estate, to the amount of one 
''"^" hundred thousand dollars, and real estate, not exceed- 
ing fifty thousand dollars, to be divided into shares of 
five hundred dollars each. 



[Approved by the Governor, February 8th, 1823.] 



CHAP. LXV. 

An Act to incorporate the Proprietors of Bass River 
Lower Bridge, in the County of Barnstable. 

Sec 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Abiel Akin, David 
Akin, Thomas Akin, Isaiah Crowell, Seth Kelley, 



BASS RIVER LOWER BRIDGE. Feb. 8, 1823. 99 

Zeno Kelley, Benjamin Tripp, and Robert Wing, persons incorpo- 
with their associates, successors and assigns, be, and'""^ * 
they are hereby incorporated for the purpose of build- 
ing a bridge over Bass River, between the Towns ofLocaiion. 
Yarmouth and Dennis, in the County of Barnstable ; 
and the said persons before named, with their asso- 
ciates, shall be a corporation and body politic, with 
all the powers and privileges, and subject to all the General powers. 
duties and requirements, of other corporations for 
building bridges; and shall also be further subjected 
and required to conform to the conditions, provisions 
and restrictions, following, viz. : First — That the 
said bridge shall be built directly across the said Bass 
Kiver, from Lewis Crowell's wharf, in Yarmouth, to 
the shore in said Dennis. Second — That said bridge imperative con- 
shall be built wholly on piles, with the exception of """"' 
a suitable abutment from the eastern shore ; that the 
said bridge shall have a suflBcient draw, not less than Draw. 
thirty feet wide, and not less than thirteen feet above 
common high water; that the proprietors of the bridge, 
and their heirs and assigns, forever, shall be bound to 
open the draw, for all vessels to pass through, with 
permanent masts, too high to sail under with the mast 
standing ; and the said proprietors, their heirs and as- 
signs, shall forfeit twenty dollars to the master or own- Fines. 
er of every vessel that may suffer unreasonable deten- 
tion from the draw, for each and every instance such 
vessel is detained ; and the proprietors shall place two 
buoys, well anchored, the one above, and the other be- Buoys. 
low the bridge, with a ring in each, for warping through, 
and shall continue them there, so long as the bridge 
shall remain, at their own expense ; and if the said 
bridge shall cause shoals under, or on either side of 
the draw, so as to obstruct the passage of vessels, the 
draw shall be removed, from time to time, to where is 
the best water ; and if the said bridge shall cause a 
bar across the said river, so as to render it difficult for 
vessels to pass in any place, and it shall be thought 
best by the vessel owners above the bridge, to take the 
bridge out of the river altogether, it shall be done at 
the expense of the proprietors. Third — The proprie- 
tors of said bridge, their heirs and assigns, shall, at 
their own expense; purchase^ fence, make and keep in 
14 



100 BASS RIVER LOWER BRIDGE. Feb. 8, 1823. 

Roads to be kept good vcpair, an open road from the end of the bridge, 
touching the shore of Dennis, to the ferry road ; and 
that the Town of Dennis shall be forever free from 
all charges and expenses arising from the said road, 
or said bridge. 

Sec. 2. Be it further enacted, That the said bridge 
shall be well built, with sound and durable materials, 
twenty four feet wide, at least, and be floored with 
plank or timber suitable for such a bridge, with suffi- 
cient rails on each side, for the safety of passengers, 

Bridge tobe aud shall be at all tiuies kept in good, safe and passa- 

kept lu repair. j^|^ vppair ; aud the proprietors, at the place or places 
where the toll shall be received, shall erect, and keep 
constantly exposed to view, a sign, or board, with the 
rates of toll, of all tollable articles, fairly and legibly 
written and marked thereon : aud all persons, with 
their carriages and horses, passing to or from their ^ 
usual places of public worship, and all persons going 
to and returning from military duty, and all persons ; 
passing to and from funerals, be, and hereby are 
exempted from paying toll, as required by this act. 
And if the said proprietors neglect to build and com- 
plete said bridge, within five years from the passing of 
this act, then it shall be void, and of no effect. 

Sec. 3. Be it further ejiacted, That for reimbursing 
the said proprietors the monies by them expended, or 
that may hereafter be expended, in building and sup- 

Toiis. porting said bridge, a toll is hereby granted and estab- 

lished for the sole benefit of said proprietors, accord- 
ing to the rates following, viz. : — For each foot pas- 
senger, three cents ; for each horse and rider, eight 
cents ; for each horse and chaise, chair, or sulky, or 
one horse wagon or sleigh, twenty cents ; for each 
coach, chariot or phaeton, or other carriage with four 
wheels, twenty five cents ; for each cart, sled or other 
carriage of burthen, drawn by one beast, twelve cents 
and five mills ; and if drawn by two beasts, seventeen 
cents ; and if drawn by more than two beasts, twenty 
five cents ; for each horse without a rider, and neat cat- 
tle, four cents each ; for sheep or swine, twelve cents 
by the dozen, and in proportion for a less number; 
and one person, and no more, shall be allowed for 
each team, to pass free of toll ; for each hand cart or 



WESTPORT MANU. OOMP. Feh. 8, 1823. 101 

wlieel-barrow, six cents : And at all times when the 
Tollgatherer is not attending to his duty, the gate or 
gates shall be left open. And the taking of toll shall 
commence on the day of opening said bridge for pas- 
sengers, and shall continue, for the benefit of said cor- 
poration, forever : Provided, that at any time hereafter, 
the rate of toll shall be subject to the regulations of the 
Legislature. 

Sec. 4. Be it further enacted^ That upon applica- 
tion of any two of the proprietors aforesaid, to either 
of the Justices of the Peace for the County of Barn- 
stable, such Justice may issue a warrant, directed to 
some member of the said corporation, requiring him to 
notify and warn a meeting of said proprietors, to be First Meeting. 
holden at such time and place, as shall be appointed 
in said warrant, to choose such officers, as corporations 
for building bridges, are empowered to choose and ap- 
point. And the said corporation, at the same or any 
subsequent meeting, may order the mode of notifying 
and calling future meetings, and may make and adopt 
such by-laws, rules and regulations, as may be ueces- By-Laws estab- 
sary and convenient for the management of their af-'''*' 
fairs ; jjrovided,, they are not repugnant to the consti- 
tution and laws of this Commonwealth. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXVl. 

All Act incorporating the Westport Manufacturing 
Company. 

Sec. 1. IJE it enacted by the Senate and House of 
lle/presentatives, in General Court assembled, and by 
the authority of the same, That Samuel xlllen and persons incorpo- 
Richard Allen, together with such others as may'^''"'*' 
hereafter associate with them, their successors and as- 
signs, be, and they are hereby made a corporation, by 
the name of the Westport Manufacturing Company, for 



102 NINTH TURNPIKE CORPO. Feb. 8, 1823. 

the purpose of manufacturing cotton yarn and cloth, in 
the Town of Westport, in the County of Bristol ; and 
Powers and re- fop that purposc shall have all the powers and privile- 
qmremems. ^^^^ ^^^j j^^ suhjcct to all the duties and requirements, 
contained in an "act defining the general powers and 
duties of manufacturing corporations/' passed on the 
^ third day of March, in the year of our Lord one thou- 
sand eight hundred and nine, and the acts in addition 
thereto. 

Sec. 2. Be it further enacted, That said corporation 

may be lawfully seized and possessed of such real es- 

May hold Real &tate, uot cxceediug the value of thirty thousand dol- 

personai Estate, ^^^s, aud persoual cstatc, not exceeding fifty thousand 

dollars, as may be necessary and convenient for the 

purposes aforesaid. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXVII. 

An Act, in further addition to an Act, entitled "An 
Act establishing the Ninth Massachusetts Turnpike 
Corporation." 

Sec. 1. JjE it enacted by theSettate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Ninth Massachu- 
setts Turnpike Corporation may erect a turnpike gate 
on the road belonging to the said corporation, between 
the line of the Town of Uxbridge and the house of 

Location of Gate Clark Cook, iu Mcudou ; and shall be entitled to re- 
ceive from each traveller or passenger, at said gate, 
the following rate of toll, to wit : — For every coach, 
phaeton, chariot, or other four wheel spring carriage, 
drawn by two horses, twelve and an half cents ; and 
if drawn by more than two horses, two cents for each 
additional horse; for every chaise, chair, sulkey, or 

Toll.. other carriage for pleasure, drawn by one horse, six 

cents and one quarter; for every cart, wagon, sled, or 



OXFORD BANK. Feb. 8, 1823. 103 

sleisjli, drawn by two horses or oxen, five cents; and 
if drawn by more than two, one cent for each addi- 
tional horse or ox; for every cart, wagon, sled, or 
sleigh, drawn by one horse, three cents ; for each man 
and horse, two cents; for all horses, mules, or neat 
cattle, led or driven, besides those in teams or carria- 
ges, one half cent each; for all sheep or swine, at the 
rate of one cent and an half by the dozen. 

Sec. 2. Be it further enacted, That when the said 
corporation shall have erected a turnpike gate as afore- 
said, and shall begin to receive toll at the same, the 
rate of toll at the turnpike gate in Belliugham, belong- Reductionoc 
ing to the said corporation, shall be reduced. And it^" ' 
shall be lawful, from and after that time, for the said 
corporation to receive at its said turnpike gate in Bel- 
liugham, of all travellers and passengers, the same 
rate of toll mentioned in the first section of this act, 
and no greater. 

Sec. 3. Be it further enacted, That the said Ninth 
Massachusetts Turnpike Corporation, with relation to 
the turnpike gates aforesaid, shall have all the powers 
and privileges, and be subject to all the dudes, require- powers, pvhiic- 
ments, and penalties, contained in an act, entitled "an^*^**" p''"*-"^" 
act defining the general powers and duties of turnpike 
corporations," passed the sixteenth day of March, in 
the year of our Lord one thousand eight hundred and 
five. 

[Approved by the Grovernor, February 8th, 1823.] 



CHAP. LXVIII. 

An Act to incorporate the President, Directors and 
Company of the Oxford Bank. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Samuel Slater, Jona- persons incorpo- 
than Davis^ Kichard Olaey, Jeremiah Kingsbury, '^^^^''* 



104 



OXFORD BANK. 



Feb. 8, 1823. 



Simeon Burt, John Spun*, Daniel Turtelott, Edward 
Howard, William Sigourney, Henry Sargent, James 
Smith, Joseph Thayer, Francis Sibley, and Orra 
Goodale, with their associates, successors and as- 
signs, shall be, and are hereby created a corpo- 
ration, by the name of the President, Directors and 
Company of the Oxford Bank : and shall so continue 
until the first day of October, in the year of our Lord 
one thousand eight hundred and thirty one; and by 

May sue and be that namc shall be, and are hereby made capable in 
law to sue and be sued, plead and be impleaded, de- 
fend and be defended, in any Court of Record, or any 
other place whatever ; and also to make, have and use 
a common seal, and to ordain, establish and put in ex- 
ecution, such by laws, ordinances and regulations, as 

General powers, to them shall appear necessary and convenient for the 
government of said corporation, and the prudent man- 
agement of its concerns ; provided, such by-laws, or- 
dinances and regulations, shall be in no wise contrary 
to the constitution and laws of this Commonwealth : 
and the said corporation shall be always subject to the 
rules, restrictions, limitations and provisions, herein 
contained. 

Sec. 2. Be it further enacted^ That the capital 

Capital Stock, stock of Said bank shall consist of the sum of one hun- 
dred thousand dollars, in gold and silver, in shares of 
one hundred dollars each, to be paid in in the follow- 
ing manner, viz, : — One fourth part thereof on or before 
the first day of July next, one part thereof on or be- 
fore the first day of October next, one fourth part 
thereof on or before the first day of January next, and 

•instalments, the reslduB on or before the first day of July thereafter, 
or at such earlier time as the stockholders, at any meet- 
ing, may order. And no dividend of profits shall be 
declared or paid on the capital stock of said bank, un- 
til the whole of said stock shall have been paid in, 
conformably to the provisions of this act. And the 
stockholders, at their first meeting, shall, by a major- 

Transfer & dis-ity of votcs, determine the mode of transferring and 

positiono soo di^pQgjjjg „f ^Ijp gtock and profits of said bank ; which 
being entered on the books of said corporation, shall 
be binding on the stockholders, their successors and 
assigns. And the said corporation are hereby made 



OXFORD BANK. Feb. 3, 1823. 105 

capable in law to have, hold, purchase, receive, pos- 
sess, enjoy and retain, to them, their successors and 
assigns, lands, rents, tenements aud hereditaments, to May hoia real es- 
the amount of four thousand dollars, and no more, at 
any one time, with power to bargain, sell and dispose 
of the same, and to loan and negociate their monies Loans. 
and effects, by discounting on banking principles, on 
such security as they shall think proper: Provided, Piovho. 
however, that nothing herein contained shall prevent 
said corporation from taking and holding real estate 
on mortgage, or on execution, to any amount, as secu- 
rity for, or in payment of any debt due to said corpo- 
ration : And provided further, that no money shall be 
loaned, or discounts made, nor shall any bills be issu- 
ed from said bank, until the capital subscribed, and 
actually paid in, and existing, in gold and silver, in 
the vaults of the same, shall amount to twenty five 
thousand dollars. 

Sec. 3. Be it further enacted, That the rules, limi- Limitations, pro- 

1 • • I • 1 • J 1 • II visions, &.C. 

tations and provisions, which are provided in and by 
the third section of an act, entitled "an act to incorpo- 
rate the President, Directors and Company of the 
State Bank," shall be binding on the bank hereby es- 
tablished, in the same manner as though specially re- 
cited in this act, excepting that the bond to be given Bond of cashiw 
by the Cashier, shall be given in the penal sum of 
twenty thousand dollars; and the number of Direc- Number and an 

*' iiii • II' nual election of 

tors to be annually chosen, shall be nine, and be in- Directors. 
habitants of, and residents within this Commonwealth, 
and accountable for the doings of the whole Board, 
five of whom may constitute a quorum for transacting 
business : Provided, tiiat the amount of the bills of the 
said bank in circulation, shall not, at any time, exceed 
fifty per centum beyond the amount of the capital ac- 
tually paid in. 

Sec. 4. Be it further enacferf. That said bank shall Location, 
be established and kept in the Town of Oxford, in the 
County of Worcester. 

Sec. 5. Jie it further enacted. That any Committee 
speciallv appointed by the Learislature, for that pur- Examination ..r 

i" n I • t \ ± • • A Al 1 • pbooks, vaults, ii.; 

pose, shall have a right to examine into the doings ot 
said corporation, and shall have free access to all 
their books and vaults ; and if upon such examina- 



106 



OXFORD BANK. 



Feh. 8, 1823. 



Forfeiture of 
charter. 



State Stock. 



tion, it shall be found, and after a full hearing of said 
corporation thereon, be determined by the Legislature 
that the said corporation have exceeded the powers 
herein granted them, or failed to comply with any of 
the rules, restrictions or conditions, in this act provi- 
ded, this act of incorporation shall thereupon be de- 
clared to be forfeited and void. 

Sec. 6. Be it further enacted, That the persons 
First Meeting, herein before named, or any one of them, are authori- 
zed to call a meeting of tlie stockholders of said cor- 
poration, at a convenient time and place, by advertising 
the same, three weeks successively, in the Massachu- 
setts Spy and National jEgis, two papers printed in 
Worcester, for the purpose of making, ordaining and 
establishing such by-laws, ordinances and regulations, 
for the orderly conducting the aifairs of said corpora- 
choiceofofficerstion, as the stockholders shall deem necessary, and. 
for the choice of the first Board of Directors, and such 
other Officers as they shall see fit to choose. 

Sec. 7. Be it further enacted, That the Common- 
wealth shall have a right, whenever the Legislature 
shall provide therefor, to subscribe, on account of said 
Commonwealth, a sum not exceeding fifty thousand 
dollars, to be added to the capital stock of said corpo- 
ration, herein before provided for. And whenever the 
Commonwealth shall become so interested in said 
state Directors, bank, the Governor and Council shall have a right to 
appoint four additional Directors, for the management 
of the same. 

Sec. 8. Be it further enacted, T\mi the said corpora- 
Bank to pay ai- tion shall be liable to pay to any bona fide holder, the 
original amount of any note of said bank, altered to a 
larger amount in the course of its circulation, notwith- 
standing such alteration. 

Sec. 9. Be it further enacted. That the said corpo- 
ration, from and after the first day of October next, 
shall pay, by way of tax, to the Treasurer of this 
Commonwealth, for the use of the same, within ten 
days after the first Monday of October and April, an- 
nually, the half of one per centum on the amount of 
stock which shall have been actually paid in. 

Sec 10. Be it further enacted, That one tenth part 
of the whole capital of said bank, may always be ap- 



tered bills. 



State Tax. 



SALEM BANK. Feb. 8, 1823. 107 

propriated to loans, to Le made exclusively to citizens 

of this Cominonwealtli, wherein the Directors shall 

particularly regard the agricultural and manufacturing 

interest in the same; which loans shall be made in 

sums not exceeding five hundred dollars, nor less 

than one hundred, to be secured by the personal shaii make loam 

bond of the borrower, and a satisfactory mortgage of rearertale! " 

real estate, as collateral security, for the term of not 

less than one year ; the interest on all such loans to be 

paid annually, and the estate so mortgaged, subject to 

the same forfeitures, and entitled to the same rights of 

redemption, as is by law provided in other cases. 

8ec. a. Be it further enacted, 'T\\dii whenever the 
Legislature shall require it, the said corporation shall 
loan to the Commonwealth any sum of money which Loans to state, 
may be required, not exceeding twenty per centum of 
the capital stock actually paid in, reimbursable by five 
annual instalments, or at any shorter period, at the 
election of the Commonwealth, with the annual pay- 
ment of interest, at a rate not exceeding five per cen- 
tum per annum. 

Sec. 12. Be it further enacted, That the capital 
stock of the said bank shall not be sold or transferred, 
but be holden by the original subscribers thereto, for 
and during the term of one year, from the time of condition of 
passing this act ; and in case the same shall not be' *""' 
put into operation, according to the provisions thereof, 
within the year aforesaid, it shall be void. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXIX. 

An Act in addition to an Act, entitled ^'An Act to in- 
corporate the President, Directors and Company of 
the Salem Bank." 

Sec. 1. Be it enacted by the Senate and Hoiisie of 
Representatives f in General Court assembled, and by 
15 



108 M. PARISH IN BRIDGEWATER. Feb. 8, 1823. 

the authority of the same. That the President, Di- 
rectors and Company of the Salem Bank, be, and 

Increase of stock they hereby are authorized to increase their present 
capital stock, by an addition of fifty thousand dollars 
thereto, which shall be paid in, on or before the first 
Monday of April next. 

Sec. 2. Be it further enacted, That the additional 
stock aforesaid, shall be subject to the like tax, regu- 

conditionofin- latioHs, rcstrictlous and provisions, as the present cap- 
ital stock of said corporation is now holden, by virtue 
of the act, to which this is in addition. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXX. 

An Act to change the name of the Parish, called the 
North Parish of Bridgewater. 

DE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the parish heretofore 
known and called by the name of the North Parish in 
Bridgewater, lying chiefly in the Town of North 
Aiteratign of Pa- Bridgewater, in the County of Plymouth, and partly 
in the Town of Abington, in said county, and partly 
in the Town of Stoughton, in the County of Norfolk, 
shall no longer bear that name, but henceforth shall 
be called and known by the name of the First Parish 
in North Bridgewater ; and all officers of said parish 
shall hold and exercise their respective offices, in the 
same manner as they would have done, had not the 
name of said parish been changed. 

[Approved by the Governor, February 8th, 1823.] 



PARTITION OF LANDS. Feh. S, 1823. 109 



CHAP. LXXl. 

An Act, in atldition (o the several Acts, for the more 
easy partition of Lands, or other Real Estate. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That whenever any petition 
shall have been duly filed by any person or persons, 
praying partition of any land or other real estate, al- 
leged to be held by him or them, with any other per- 
son or persons, as tenants in common, joint tenants or 
coparceners, and of which partition may lawfully be partition of land 
claimed, the proceedings thereon shall not be taken '*^""^'^" 
and deemed to be abated by the death of any person 
or persons, other than a sole petitioner, interested in 
the land or real estate, of which partition is so pray- 
ed, in any stage of such proceedings. And if any 
person so interested in any such land or other estate, 
of which partition is prayed, shall die before an inter- 
locutory judgment be entered up, that partition be 
made, any other person who shall become interested 
in such land or other estate, in consequence of such 
death, by descent or devise, shall be admitted to ap- 
pear and become party to such proceedings, and shall 
thereupon be received to plead and answer to such pe- 
tition, within a reasonable time, in the same manner as 
if such person had been originally interested in such 
land or estate. 

Sec. 2. Be it further enacted, That if during the 
pending of any petition for partition, and after the ser- 
vice and return of such notice as may have been order- 
ed thereon, any pei'son interested in the estate of w hich 
partition shall be prayed, shall die, whether such per- 
son shall have appeared and become party to such 
proceedings, or not, it shall be the duty of the peti- Agencies piv- 
tioner to cause a suggestion of such death to be made^*""*^ ^ '"" 
to the court, and entered of record, and thereupon it 
shall be the duty of the court before whom such peti- 
tion is depending, to order such further notice, by pub- 
lic advertisement, or personal service, to any person or 



110 PARTITION OF LANDS. Feb. 8, 1823. 

persons, who, by reason of such death, may have be- 
come interested in such estate, by descent or devise, 
returnable forthwith, or at a subsequent day in the 
same term, or at a subsequent term, as the justice of 
the case, under all its circumstances, may in their 
judgment require. And in case any person so inter- 
ested in lands or estate, of which partition is prayed, 
shall die at any stage of the proceedings thereon, after 
the filing of the petition, and before final judgment he 
rendered on the return of Commissioners appoiuted to 
make such partition, any person thereby becoming in- 
terested in such estate, by descent or devise, shall be 
received and admitted, on the return of such Comaiis- 
sioners, to make the like objections to the said return, 
and to the rendition of judgment thereon, as such per- 
son would have lawfully been entitled to make, had 
he been originally interested in such estate. 

Sec. 3. Be it further enacted, That when, by rea- 
son of the death of any person interested in any land 
or other estate, of which partition is prayed, during 
the pendency of any petition, any other person shall 
become interested therein, by descent or devise, and 
Bights of infants such person shall be an infant, femme covert, non 
td. ***"' '"""^ compos mentis, out of this Commonwealth, or other- 
wise incapacitated to take care of their estates, it shall 
be the duty of the court, before whom such petition is 
pending, to take the same precautions, and adopt the 
same measures, for protecting and securing the respec- 
tive rights and interests of persons under such disabil- 
ities, as are required by law, in cases where persons 
under like disabilities are originally interested in the 
land or other estate, of which partition is prayed. 

[Approved by the Governor, February 8th; 1823.] 



BELVIDKRE MANU. COMP. Feb. 8, 1823. Ill 



CHAP. LXXII. 

An Act to incorporate the Belvidere Manufacturing 
Company. 

Sec. 1. If E it enacted by the Senate and House of 
Representatives f in General Court assembled, and by 
the authority of the same. That Edward St. Loe Li v- persons mcorpo- 
ermore, John Bellows, and Thomas Cordis, with their "^ 
associates, successors and assigns, be, and they hereby 
are incorporated, by the name of the Belvidere Manu- 
facturing Company, for the purpose of manufacturing 
cotton and woollen cloths, and stamping calicoes, at a 
place called Belvidere, adjoining Hunt's Falls, in 
Merrimack River, in the Town of Tewksbury; and Location. 
shall have all the powers and privileges, and be sub- 
ject to all the duties and requirements, prescribed and 
contained in an act, passed in the year of our Lord 
one thousand eight hundred and nine, entitled ^'an act powers and r^ 
defining the general powers and duties of manufactur- '^"'"^°"^'' 
ing corporations,'' and also the several acts supple- 
mentary thereto, or that may hereafter be passed, in 
addition to the same. 

Sec. 2. Be it further enacted, That the said corpo- 
ration may be lawfully seized, and hold in fee simple, 
such real estate as may be necessary for their afore- May hold real es- 
said purposes; provided, the first cost, or sums paid*^'*^' 
for the same, shall not exceed in value the total 
amount of fifty thousand dollars ; and shall also have 
liberty to raise and establish a fund, or capital stock, capuai stock. 
for erecting suitable buildings, and defraying the ex- 
penses incident to such an establishment; provided, 
the same shall at no time exceed six hundred and fif- 
ty thousand dollars. 

[Approved by the Governor, February 8th, 1823.] 



112 BAP. SOC. IN LITTLETON. Fel. 8, 1823. 



CHAP. LXXIII. 

An Act to establish the First Baptist Society iu 
Littleton. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Jonathan Whitcomb, 
Persons incoipo- William Lapham, Asahel Farnsworth, Aaron Tuttle, 
rated. Mathew Brooks, Joseph Dadmun, Nathan Brown, 

Daniel Burnham, Calvin Blanchard, Jonathan Peirce, 
Hezekiah Sprague, Seth M. Robbins, Samuel White, 
John Clark, Joseph Dadmun, Junior, Alden Wheeler, 
John Blanchard, Abner Wheeler, John Dodge, Bar- 
nabas Dodge, Samuel Reed, Samuel Peirce, Stephen 
Pingery, Junior, Aaron Brown, George Vinal, Abigail 
Peirce, Abigail Blanchard, and George Jeffords, to- 
gether with their families and estates, be, and they 
are hereby incorporated as a distinct religious soci- 
ety, by the name of the First Baptist Society in Lit- 
tleton; with all the powers, privileges and immunities, 
of other parishes or religious societies in this Common- 
wealth. 

Sec. 2. Be it further enacted, That any person 
who may hereafter wish to join in religious worship, 
Conditions of aud bccome a member of said First Baptist Society in 
•uembeiship. Littleton, shall have liberty so to do, by giving notice, 
iu writing, of such desire and intention, to the Clerk of 
the parish or religious society, where such person has 
formerly attended public worship ; also a copy of said 
notice, in writing, to the Clerk of said Baptist Society, 
fourteen days, at least, previous to the annual meeting 
of said Baptist Society; and such person, from the 
date aforesaid, shall be considered a member of said 
Baptist Society. 

Sec. 3. Be it further enacted. That whenever any 
conditiom of se- person shall see cause to leave said society, and join 
some other religious society, the like notice and pro- 
cess shall be made and given, mutatis mutandis, as is 
prescribed in the second section of this act : Provided, 
also, that every person so leavings shall be hulden to 



ESSEX F. & M. INS. COMP. Feb, 8, 1823. 113 

pay his or her proportion of such parochial expendi- 
tures, as shflll be voted or assessed, and not paid prior 
to the leaving of any society. 

Sec. 4. Be it further enacted^ That any three of the 
persons named in this act, are hereby authorized to call 
the first meeting: of said society, for the purpose of First MeeiinB. 
choosing the oflRcers necessary to manage the pruden- 
tial affairs, and of determining the mode of calling fu- 
ture meetings, by posting a notification at their usual 
place of worship, specifying the time and place of said 
meeting, fourteen days previous thereto. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXXIV. 

An Act to continue in force the Act incorporating the 
Essex Fire and Marine Insurance Company. 

JDE it enacted by the Senate and House of , 
Representatives, in General Court assembled, and by 
the authority of the same, That the act, entitled "an 
act to incorporate William Gray, Junior, Esquire, and 
others, into a company, by the name of the Essex Fire 
and Marine Insurance Company," passed on the sev- 
enth day of March, in the year of our Lord one thou- 
sand eight hundred and three, and the act in addition 
thereto, passed on the ninth day of June, one thousand 
eight hundred and fourteen, shall be, and remain in contimianee of 
force for the term of twenty years, from and after the 
seventh day of March, in the year of our Lord one 
thousand eight hundred and twenty three; with all 
the powers and privileges, granted by an act, entitled 
" an act to define the powers, duties and restrictions of 
insurance companies,'' passed the sixteenth day of 
February, in the year of our Lord one thousand eight 
hundred and nineteen: Provided, however, that said 
corporation shall be subject to all the duties and re- 
quirements, prescribed and coutained in the said act. 



114 D. CONEY.— SALMON & SHAD. Feb. 8, 1823. 

entitled "an act to define the powers, duties, and re- 
strictions of insurance companies;" and that the said 
May be taxed. Fire aud Marine Insurance Company shall be liable 
to be taxed by any general law providing for the tax- 
ation of all similar corporations. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXXV. 

An Act regulating the catching of Salmon, Shad and 
Alevvives, in Merrimack River, at the mouth of 
Shawsheen River, in the Town of Andover. 

If E it enacted by the Senate and House of 
Rpprenentatives, in General Court assembled, and by 
the authority of the same, That all the laws heretofore 
made for regulating the catching of salmon, shad and 
Acts repealed, alewivcs, lu Mcrrimack River, so far as they go to 
prevent their being taken at or near the mouth of 
Shawsheen River, in the Town of Andover, be, and 
the same are hereby repealed. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXXVI. 

An Act to annex Daniel Coney, with his Estate, to 
the Town of Ware. 

JlSE it enacted by the Senate and House of 
Rejiresentatives, in General Court assembled, and by 
the authority of the same, That Daniel Coney, with 
so much of his estate as is within the bounds of the 
Towns of Brookfield and Western, in the County of 
Worcester, be, and they are hereby set off from said 



PARSONAGE LANDS. Feb. 8, 1S23. 115 

towns, and annexed to the Town of Ware, in the 

Conntj of Hampshire; and he shall hereafter he sub- 

iect to all the duties, and entitled to all the nrivilei^es,con(iitionsoran- 

of an inhabitant ot said lown ot Ware: J^roviaed, 

however, said Daniel Coney shall be liable to pay all 

taxes that have been legally assessed on him, by said 

Towns of Brookiield and Weston. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXXVII. 



An Act to authorize the sale of Parsonage Lands, 
which belong to the North Parish in the Town of 
Haverhill, in the County of Essex, to raise a Eund 
for the support of the Gospel Ministry in said Par- 
ish, and to appoint Trustees, for the management 
thereof. 



Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Aaron Carleton, Ju- nust^s. 
nior, Peter Whittaker, John Brickett, Benjamin Cle- 
ment, and Moses Merrill, be, and they are hereby ap- 
pointed Trustees to manage such funds as shall be 
raised and appropriated, given or bequeathed, to the 
use aforesaid, or to other parochial uses, in and for 
said pariah; and for that purpose they are hereby con- 
stituted a body politic and corporate, by the name of 
the Trustees of the Ministerial Fund, in the North corporate tuie. 
Parish in Haverhill; and they, and their successors, 
to be chosen and appointed in the manner hereafter 
prescribed, shall be, and continue a body politic and 
corporate forever, by that name; and may have a 
common seal, and may alter the same at pleasure ; General powers. 
and by that name may sue and be sued, in all actions, 
real, personal, or mixed, and prosecute and defend the 
same to final judgment and execution; and the said 
16 



116 PARSONAGE LANDS. Feb. S, 1823. 

Trustees, and their successorg in office, may and shall 

Annual election annuallv elect a Clerk, who shall be sworn to the 

faithful performance of the duties of his office, and a 

Treasurer, who shall give bond to the said Trustees, 

in such sum, not less than five thousand dollars, as 

the said Trustees shall deem adequate, with sufficient 

lusponsibiiityofsurety or sureties, faithfully to account for the monies, 

" ''"'* and all other property he may receive by virtue of this 

act. 

Sec. 2. Be it further enacted, That the real estate 
belonging to said parish be, and hereby is vested in 
said Trustees and their successors; and the said Trus- 
tees be, and hereby are authorized to sell and convey 
May dispose of thc wholc or auv part of said real estate, and the 

real cstaltt ,, ,i. ,i iii i- t 

whole or any part oi the wood thereon standing, and 
to order and cause their Treasurer to make, execute 
and acknowledge a good and sufficient deed or deeds 
thereof; which deed or deeds, subscribed by their 
Treasurer, with the seal of said Trustees thereto af- 
fixed, and by their direction, shall be good and effec- 
tual in law to pass and convey all the right of said 
parish in and to said real estate, to the purchaser 
thereof, to all intents and purposes whatsoever: Pro- 
Tided, however, that in any sale as aforesaid, the ap- 
probation of the said parish shall be first expressed at 
a legal meeting duly convened for that purpose. 

Sec. 3. Be it further enacted, That the number of 

Limited numbei said Ti'ustces shall not at any time be more than five, 
nor less than three, a major part of whom shall constitute 
a quorum for transacting business; and the inhabitants 
of said parish may, at any lawful meeting, duly warn- 
ed and called for that purpose, remove any of said 
Trustees from their said office; and whenever any va- 
cancy shall happen in said ]5oard of Trustees, either 
by death, resignation or removal, the said parish, at 
any parish meeting, legally warned for that purpose, 

Vacancies to be mav, bv ballot, fill said vacancy within one year after 
it shall happen; and if thc said parish neglect so to do 
within that time, then the said Trustees, by a major 
vote, shall have power to fill such vacancy; and the 
said Trustees shall annually hold a meeting in the 
month of March or April, and as much oftener as ne- 
cessary; to transact their business. 



filled up. 



PARSONAGE LANDS. Feb. 8, 1823. IIT 

Sec. 4. Bo it further enacted, That any gift, grant, 
bequest, or devise, hereafter made to said Trustees, 
shall be valid and eflectual to all intents and purposes 
whatsoever; and said Trustees shall hold, use, and 
appropriate said gifts, grants, bequests and devises, 
accordins: to the directions, intentions and limitationsDnticsofTm.. 

tees. 

of the donors, testators and devisors. And said Trus- 
tees and their successors in office, are hereby empow- 
ered to take, have, hold, purchase, and exchange, use 
and improve any estate, real or personal, the annual 
income whereof shall not exceed the sura of one thou- 
sand dollars, in trust, for the support and maintenance 
of the Congregational Crospel Minister of said parish; 
and whenever, and as long as said parish shall be des- 
titute of such regular ordained Minister, one third part 
of the net yearly income or interest of said fund or es- 
tate shall, by said Trustees, be annually added to the 
principal fund to increase the same; and during the 
vacancy of such settled and ordained Minister, the 
other two thirds of the said income mav, by vole ofi'rovisonfgi 
the parish, be appropriated to the payment of the min- 
istry for the time being, and may be placed in the 
hands of the Parish Treasurer, for that purpose: and 
during the settlement of such ordained Minister, the 
whole or any part of the income or interest of said 
fund may be appropriated to the use of the ministry, 
and to the payment of the salary of the Minister, and 
may be placed in the hands of the Parish Treasurer, 
annually, for that purpose; jn'ovlded, the parish, at aprovisq, 
legal meeting, shall vote the appropriation : and if the 
parish do not, during said settlement, annually appro- 
priate the whole, or any part of said fund, for said use 
of the Minister, or ministry, then the same, or any 
part thus unappropriated, shall annually be added to 
the principal, or capital fund. 

Sec. 5. Be it further enacted, That the income of 
said fund shall be expended exclusively for the sup- 
port of public worship, as well for the use and ben- 
efit of the members of the Congregational Society, Fxpemiiuue of 
in Plaistow, in New Hampshire, who usually worship ""''""^' 
with said north parish, as for said parish, in the same 
manner as the income of the parsonage land has hith- 
erto been enjoyed, under the limitations and conditions 



118 PARSONAGE LANDS. Feb. S, 1823. 

Proviso, mentioned in this act: Provided, however, that the 

members of said Congregational Society, iii Plaistow, 
shall pay their just proportion of all additional sums, 
over and above the income of said fund, which may 
be necessary for the support of public worship, and 
other parociiial purposes. And if said Congregational 
Society in Plaistow shall, by any means, acquire any 
funds for the support of public worshij), the income of 
the same shall be expended, as well for the use and 
benefit of said north parish, as for tliemselves. 

Sec. 6. Be it further enacted, Tliat the said fund 
shall always be holden and claimed to be unalienable, 
and the principal thereof shall never, in any part, be 
expended, but always be kept entire, and whatever is 
added to the principal, shall be considered as princi- 
pal: Provided, nevertheless, that whenever the annual 
income shall exceed four hundred and fifty dollars. 
May dispose of the parlsli may appropriate the surplus to other paro- 
sui plus income, ^jj-^j purposcs thau tlie payment of the Minister. And 
the said Trustees, or their Officers, Agents, or Attor- 
nies, for the services they may perform, shall be enti- 
tled to no compensation out of the monies arising from 
the funds aforesaid; but if entitled to any, shall have 
Pay of officers, aud rccclve the same of said parish, as may be annu- 
ally agreed upon. 

Sec. 7. Be it further enacted. That the said Trus- 
tees shall cause to be recorded and kept in their books 
Record of trans- of records, ouB of which shall be kept by their Clerk, 
*"'""'■ and the other by their Treasurer, an account of all 

their fiscal and parochial transactions whatever. The 
Clerk, who shall always be one of the members of 
said corporation, shall record all meetings, votes, and 
doiuiiis of said Trustees, and certify the same when re- 
quired: he shall always call meetings of said Trus- 
tees, when he may thiuk necessary, or when required 
by any one or nuu'e of said Trustees. The Treasurer 
shall record and keep in his book of record, a state- 
ment of the funds and estates in his hands, wherein 
shall be particularly designated the amount arising 
from the sale of parsonage lands, the nature and 
ann»ant of every grant or donation, the period when 
made, the design thereof, and the grantors' and do- 
iiors' name and place of abode, at large, with such 



PARSONAGE LANDS. Feb. 8, 1823. 119 

otlier circuinstanccs, as said Trustees may tliink use- 
ful: and lie shall make rej)ort of such statements to 
said (larish, at their meetings in the month of March 
or April, annually, where the same shall be publicly 
read, or to a select Committee, if said parish shall 
choose one for that purpose, together with a specific 
estimate of what estate they actually hold, and by 
what tenure, w hat money and elTects are due to him 
or said Trustees, and how the same are secured, what 
receipts have been obtained, and what payments made 
by him or them, the preceding year. 

Sec. 8. Be it further enacted, That the said Trus- 
tees shall always loan upon interest, all the money Funds to be kept 
belonging to said fund, in sums not less than fifty dol-"**"'^""'' 
lars each, and for a term not more than three years, 
upon the bond or note of the borrower, with a mort- 
gage of real estate, of not less than double the value 
of said loan, as collateral security for the repayment 
of the principal sum, with interest annually, till paid: 
Provided, however, that where any of the aforesaid par- proviso. 
sonage lands shall be sold upon a credit, and with the 
expectation that improvements will immediately be 
made upon it, it shall be sul!icient to have a mortgage 
of the estate sold, with an approved surety witb the prin- 
cipal. And if any debtor to said corporation shall fail 
to pay the interest due on said loan or note, for the 
space of thirty days, after the same shall become due, 
it shall be the duty of said Treasurer to cause the in- 
terest due on such bond, note, or mortgage, to be put 
in suit, and to be prosecuted until it shall be paid. 

Sec. 9. Be it farther enacted, That it shall be the 
duty of said Trustees to use and improve such fund or 
estate, as shall be vested in them by virtue of this act, 
with care and vigilance, so as best to promote the de- 
sign thereof; and they shall be amenable to the parish 
aforesaid, for negligence or misconduct in the manage- Responsiiiiiitj of 
ment or disposition thereof, whereby the same shall be '^'"'^''*''' 
impaired, or sutler loss, Avaste, or diminution. And 
the inhabitants of said parish may have and maintain 
a special action of the case against the proper persons 
of said Trustees, or against any^one or more of them, or 
their goods and estate, for such negligence or miscon- 
duct; and recover adequate damages therefor: and any 



120 MARBLEHEAD FREE SCHOOL. Feb. 8, 1823. 

sum so recovered, shall be for the benefit of said fund, 
and shall be paid accordingly. 

^ Sec. 10. Be it further enacted, That Moses Mer- 

rill, Esquire, be, and he hereby is authorized to ap- 

First Meeting, poiut thc time and place of the first meeting of said 
Trustees, and to notify them accordingly; and said 
meeting, after the first, shall be called in such way 
and manner as the said Trustees shall direct. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXXVIIl. 

An Act to incorporate the Marblehead Free School 
Association. 

Sec. 1. OE it enacted hj the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Reverend John 

Persons incorpo-Bartlett aud hls associates, their successors and as- 
signs, be, and they are hereby incorporated and made 
a body politic, by the name of the Marblehead Free 
School Association; with power to have a common 

General powers, seal, to SUB aud bc sucd, to make and ordain from 
time to time, by-laws, rules and regulations, for the 
government and management of the said corporation ; 

Proviso. |??'OL*iV/ef?, the same be not repugnant to the constitu- 

tion of this Commonwealth; and that they have all 
thc privileges usually given by acts of incorporation, 
to charitable societies. 

Sec. 2. Be it further enacted, That the said corpo- 
ration may take by purchase, gift, grant, or otherwise, 

May hold real es- and hold real estate, not exceeding the value of four 
thousand dollars, and personal estate, not exceeding 
thc value of five thousand dollars, for the purposes 
and uses of the association. 

Sec. 3. Be it further enacted. That any .Justice of 
the Peace in the Town of Marblehead, be, and is 

First Meeting, hereby authorized to call the first meeting of said cor- 
poration, by posting notifications thereof in three pub- 



PERSONS^ NAMES CHANGED. Feb. 8, 1823. 121 

lie places in said Marbleliead, one week previous 
thereto, and appoint the time and place thereof; at 
whicli meeting, the manner of calling future meetings 
shall be regulated. 

[Approved by the Governor, February 8th, 1823.] 



CHAP. LXXIX. 

An Act to change the Names of the Persons therein 
mentioned. 

JjE it evaded by the Senate and House of 
Representatives^ in Genei^al Court assembled, and by 
the authority of the snme^ That the several persons 
herein named, shall hereafter be known and called by 
the names they are hereby allowed to assume, viz.: — 
That Grace Baker, single woman, may take the name 
of Lucretia Baker; that Isaac Brown, druggist, may 
take the name of John Isaac Brown; that Ebenezer 
Dorr Child, son of David W. Child, may take the 
name of Edward Vernon Child; that Charles Fes- 
senden may take the name of Charles Phillips Fes- 
senden; that Charles Lee, merchant, may take the Names changed, 
name of Charles Henry Lee; that William Parker, 
son of Jonas Parker, of Pepperell, may take the name 
of William Gay Parker; that Isaac Osgood, counsel- 
lor at law, may take the name of Isaac Peabody Os- 
good ; that George lioulstone, son of John Roulstone, 
riding-master, may take the name of John Stephen 
Roulstone; that Lucy Parsons, daughter of the late 
Honorable Theophilus Parsons, may take the name 
of Lucy Greenleaf Parsons; that George Shepherd, 
trader, may take the name of George Adams Shep- 
herd ; that Robert Gibbs Southack may take the name 
of Robert Southack Gibbs; that Edward Williams, 
merchant, may take the name of Edward xVlexander 
Williams; that William Winchester, son of Edmund 
Winchester, may take the name of William Parson^ 



122 PERSONS' NAMES CHANGED. Feb, 8, 1823. 

Winchester; all of Boston, in the County of Suffolk: 
that Benjamin Deland Cox, of Lynn, cordvvainer, may 
take the name of William Benjamin Dana; that Ed- 
ward Stanley Dean, son of Thomas Dean, of Salem, 
mariner, may take the name of Edward Dean; that 
Jonathan Osborn, the third, son of Richard Osborn, 
of Danvers, may take the name of Jonathan W. Os- 
born; that Paine Sargent, of Newbury, chaise maker, 
may take the name of Paine Wini^ate Sargent; that 
Cornelius L. Wyatt, laborer, of Wen ham. may take 
the name of Cornelius Larcom Preston; that Sam- 
uel Wyatt, laborer, of said Wen ham, may take 
the name of Samuel Preston ; all of the County 
of Essex : that Elizabeth Hedley, of Rochester, in 
the County of Plymouth, may take the name of 
Elizabeth Wing Hedley ; that Harriot Dinsmore, 
daughter of Amos Parker, of Reading, may take the 
name of Harriot Brigden Parker ; that Elijah Bing- 
Names changed, ham WHght, of Pepperell, house- Wright, may take 
the name of William Otis; both of the County of 
Middlesex: that James Carter, of Lancaster, son of 
James Carter, of Leominster, may take the name of 
James Gordon Carter; that Henry Hills, of Leomins- 
ter, may take the name of George Henry Hills; both 
of the County of Worcester: that Nathan Fisher, of 
Dover, trader, may take the name of Nathan Mason 
Eisher; that James Thayer, of Weymouth, cordwain- 
er, may take the name of James Eliphas Thayer; l)oth 
of the County of Norfolk : that Rel)ecca Smith Rice, 
adopted daughter of Moses Smith, physician, of Haw- 
ley, in the County of Franklin, may take the name of 
Rebecca Ann Smith; that Henry Sheldon, son of 
Charles Sheldon, late of Springfield, deceased, may 
take the name of Henry W. Sheldon. And the sev- 
eral persons herein named, shall hereafter be called 
and known by the names, which, by this act, tiiey are 
respectively allowed to assume as aforesaid; and the 
same shall be considered as their only proper and le- 
gal names. 

[Approved by the Governor; February 8th; 1823.] 



FRANKLIN INSUR. COMP. Feb. 10, 1823. 123 



CHAP. LXXX. 

An Act to incorporate the Franklin Insurance 
Company. 

Sec. 1. IjE z^ enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Francis Welsh, John persons lincorp^. 
Bellows, James T. Austin, and Horace Gray, with"**"' 
their associates, successors and assigns, he, and they 
are hereby incorporated into a company and body pol- 
itic, by the name of the Franklin Insurance Company ; 
with all the powers and privileges granted to insu- 
rance companies, and subject to all the restrictions, 
duties and obligations, contained in a law of this Powm and ik^ 
Commonwealth, entitled '^an act to define the powers, '"''"^'' 
duties and restrictions, of insurance companies," pass- 
ed on the sixteenth day of February, in the year of our 
Lord one thousand eight hitndred and eighteen, and in 
a law of this Commonwealth, entitled ^'an act author- 
izing the several insurance companies of this Common- 
wealth to insure against fire," passed on the twenty 
first of February, in the year of our Lord one thou- 
sand eight hundred and twenty, for and during the 
term of twenty years after the passing of this act; and Limitation of 
by that name may sue and be sued, plead and be im-° ""' 
pleaded, appear, prosecute and defend to final judg- 
ment and execution; and may have a common seal, 
which they may alter at pleasure; and may purchase, May hoid rea»& 
hold and convey any estate, real or personal, for the 
use of said company: Provided, the said real estate Proviso, 
shall not exceed the value of fifty thousand dollars, 
excepting such as may be taken for debt, or held for 
collateral security for money due to said company. 

Sec. 2. Be it further enacted. That the capital 
stock of said company, shall be three hundred thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, one hundred and fifty thousand capital stec"k, 
dollars of which shall be paid, in money, within nine- 
ty days after the first meeting of the said company, 
and the residue within one vear from the passing of 
17 



124 FRANKLIN INSUR. COMP. Feb. 10, 182J. 

this act, ill such instalments, and under such penal- 
ties, as the President and Directors shall in their dis- 
cretion direct and appoint. And the said capital stock 
shall not be sold or transferred, but shall be holden by 
the original subscribers thereto, for and during the 
term of one year after the said company shall go into 
operation; and if the provisions of this act shall not be 
complied Avith in one year from the first meeting, thea 
the same shall be void. 

Sec. 3. Be it further enacted, That the stock, pro- 
perty, aflairs and concerns of the said company, shall 
be managed and conducted by nine Directors, one of 
Number of Di- wliom shall be President thereof, who shall hold their 
offices for one year, and until others are chosen, and 
no longer, and who shall, at the time of their election, 
be stockholders in said company, and citizens of this 
Commonwealth, and shall be elected on the second 
Annual election Monday of Mai'ch, in each and every year, at such 
time of the day, and in such place in Boston, as a ma- 
jority of the Directors, for the time being, shall ap- 
point; of which election public notice shall be given 
in two of the newspapers printed in Boston, and con- 
tinued for the space often days immediately preceding 
such election; and the election shall be made, by bal- 
lot, by a majority of the stockholders present, allow- 
ing one vote to each share in the capital stock: Provi- 
ded, that no stockholder shall be allowed more than 
Votes. thirty votes; and absent stockholders may vote by 

proxy, under such regulations as the said company 
shall prescribe. And if through any unavoidable ac- 
cident, the said Directors shall not be chosen on the 
second Monday of March, as aforesaid, it shall be 
lawful to choose them on any other day, in the manner 
herein provided. And it shall be the duty of the Sec- 
retary of said company, at any time, upon application, 
in writing, of the proprietors of twenty per centum of 
the capital stock, to call a meeting of the stockholders, 
to be holden at such time and place in said Boston, as 
they shall direct, for the purposes mentioned in such 
application, by giving like notice thereof, as is herein 
required for the election of Directors. 

Sec. 4. Be it further enacted, That the Directors, 
when chosen, shall meet as soon as may be after eve- 
ry election, and shall choose out of their body, one 



FRANKLIN MANU. COMP. Feb. 10, 1823. 125 

person to be President, who sliall be sworn, or affirm- 
ed, to the faithful discharge of the duties of his office, choice of piesi- v 
and who shall preside for one year. And in case of ' 
the death, resignation, or inability to serve, of the 
President, or any Directors, such vacancy or vacan- 
cies shall be filled for the remainder of the year in 
which they happen, by a special election for that pur- 
pose, to be held in the same manner as herein before 
directed, respecting annual elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and four of the Directors, or five of them in his ab- 
sence, shall be a Board competent to the transaction of 
business; and all questions before them shall be deci- Board of Dum- 
ded by a majority of votes ; and they shall have power 
to make and prescribe such by-laws, rules and regu- 
lations, as to them shall appear needful and proper, 
touching the management and disposition of the stock. Rules and Regu- 
property, estate and effects of said company, and the *""""* 
transfer of the shares, and touching the duties and 
conduct of the several Officers, Clerks and Servants 
employed, and the election of the Directors, and all 
such matters as appertain to the business of insurance ; 
and shall also have power to appoint a Secretary, 
and so many Clerks and Servants for carrying on 
the said business, and with such salaries and allow- cierks,th«irsai. 
ances to them and to the President, as to the said""'''' 
Board shall seem meet: Provided, such by-laws and 
regulations shall not be repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 6. ^e it further enacted, That any two or 
more of the persons named in this act, are hereby au- 
thorized to call a meeting of said Company, by adver- 
tising the same, for two successive weeks, in the 
Columbian Centinel, Boston Patriot, and Daily Ad- 
vertiser, printed in Boston, for the purpose of electing 
their first Board of Directors, who shall continue in 
office till the second Monday of March, in the year of 
our Lord one thousand eight hundred and twenty four, 
and until others shall be chosen in their stead : Provi- 
ded, however, that this charter shall be void, and of no 
effect, unless put into operation agreeably to the terms conditions of 
of it, within one year from and after the passing of 
this act: J.nd, provided, also, that the said company Proviso, 
sliall not take any risk, or subscribe any policy, by 



126 



STATE PAUPERS. 



Feb. 10, 1823. 



Limitation of 
risks. 



Location. 



May be taxed. 



virtue of this act, until one hundred and fifty thou- 
sand dollars of the capital stock of said company, 
shall have actually been paid in. 

Sec. 7. Be it further enacted. That said company 
shall never take, on any one risk against fire, or other 
risk, or loan, on respondentia or bottomry, on any one 
bottom, at any one time, including the sum insured in 
any other way on the same bottom, a sum exceeding 
ten per centum on the capital stock of said compa- 
ny, actually paid in, agreeably to the provisions of 
this act. 

Sec. 8. Be it further enacted, That the said Insu- 
rance Company shall be located and kept in the City 
of Boston. 

Sec. 9. Be it further enacted, That the said Frank- 
lin Insurance Company shall be liable to be taxed by 
any general law providing for the taxation of all simi- 
lar corporations. 

[Approved by the Governor, February 10th, 1823.] 



CHAP. LXXXl. 



An Act relating to State Paupers. 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That after the first day of 
June next, no male person, over the age of sixteen 
Disqualification ycars, and under the age of sixty years, while of com- 
ofpaupers. peteut health to labor, shall be considered as a State 
Pauper, and entitled to support as such. 

Sec. 2. Be it further enacted, That whenever the 
Overseers of the Poor, in any town or city within this 
Commonwealth, shall exhibit an account against the 
same, for the support of paupers, after the first day of 
certificate of the June uext, they shall certify that no part of such ac- 
count is for the support of any male person, over the 
age of twelve, and under the age of sixty years, while 
of competent health to labor. 

[Approved by the Governor, February 10th, 1823.] 



Overseers of the 
Poor. 



ROGUES, VAGABOND!!^, kc, Feb. 10, 1823. 127 



CHAP. LXXXII. 

An Act, in further addition to an Act, for suppress- 
ing and punishing of Rogues, Vagabonds, Common 
Beggars, and other idle, disorderly and lewd Per- 
sons. 

Sec. 1. J»E it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That when any person shall 
be accused of any of the oifences or disorders descri- 
bed in the act, entitled <'an act for suppressing and 
punishing of rogues, vagabonds, common beggars, and 
other idle, disorderly and lew d persons," passed the 
twenty sixth day of March, in the year of our Lord 
one thousand seven hundred and eighty seven, or 
or shall, by virtue thereof, or of any other act in force 
in this Commonwealth, be liable to be committed to 
the House of Correction in any county, or to the Work 
House, which is now, or hereafter may be established 
in any town or city, complaint shall be made, in wri- 
ting, and under oath, to some Justice of the Peace in 
the county wherein such offence or disorder shall be Persons may be 
committed, or to the Police Court for the City of Bos- Hou""of corrU^ 
ton, if the offence or disorder be therein committed ; ''""■ 
and such Justice, or Court, shall cause the party so 
complained of, to be brought before them, by warrant, 
or otherwise; and if, upon a hearing and examination 
of the matter set forth in the complaint, the allegations 
therein shall be proved to be true, they may order, di- 
rect and sentence the person or persons so convicted, 
to be committed to the House of Correction, or Work 
House, or House of Industry, as the case may be, 
within the county, town or city, there to be put to 
hard labor, according to the rules and regulations which 
are or may be lawfully established for the government 
of such houses, for a term not exceeding six months; 
and the party so committed, shall be liable to all the 
restraints and penalties authorized by any of the acts 
aforesaid. And the Master orOverseer of such Houses 
of Correction, or Work Houses, or House of Industry, 



128 ROGUES, VAGABONDS, &c. Feb. 16, 1823. 

are hereby required to receive into the same, persons 
who may be sent as aforesaid, and to employ and go- 

^ vern them in the manner provided by law, or by the 

rules and regulations of said houses. And any party, 
who shall be convicted and sentenced as aforesaid, 
may, if he or she deny the charges, and put himself 
or herself upon trial, appeal to the next Court of Com- 
mon Pleas within the same county, or if in the City of 
Boston, to the next Municipal Court therein, and have 

Recognizances, a trial by jury in due course of law, upon recognizing, 
with sufficient surety or sureties, in the court where he 
or she shall be convicted, in such reasonable sum as 
shall be ordered by such court, with condition, that he 
or she enter and prosecute said appeal, in like manner 
as other appeals from a Justice of the Peace or the Po- 
lice Court, are entered and prosecuted, and to abide 
the sentence of the court appealed to thereon, and in 
the mean time to keep the peace, and be of good beha- 
viour toward all the citizens of the Commonwealth; 
and the commission of the like offence, before judg- 
ment on the appeal, by the principal in such recogni- 
zance, shall be deemed and taken to be a breach of 
the conditions of the same recognizance. 

Sec. 2. Be it further enacted^ That if any person 
shall be found committing either of the offences or dis- 
orders enumerated in the acts herein referred to, in the 
public streets or roads, in the night time, any such per- 
son may be apprehended by any Magistrate, Consta- 
ble or Watchman, or by any citizen, by order of 
any such officers, and kept in custody, in any conve- 

Terapoiary uleut place, for the space of twenty-four hours ; at or 

punishment, ^gfore the expiratlou of which time, any such person 
shall be carried before a Justice of the Peace or the 
Police Court, as the case may be, and there proceed- 
^ ed against as is provided in the foregoing section, or 
discharged, as the said Justice or Court shall deter- 
mine. 

Sec. 3. Be it further enacted, That whenever it 
shall appear to the majority of the Overseers or Go- 
vernors of any House of Correction, or Work House, 
or House of Industry, that any person therein confined 
has reformed, and is willing to return to an orderly 
course of life, such person may be discharged from 



MARBLEHEAD INS. COMP. Feb. 10, 1823. 129 

confinement; but if the person so discliarged, shall af- 
terward be found guilty of any of the offences or dis- 
orders, in any of the acts aforesaid enumerated, the Reformed per- 
Justice or Court before whom the second conviction charged! ^ 
shall be had, may sentence such person to hard labor 
in the House of Correction, or Work House, or House 
of Industry, as aforesaid, for a term not exceeding one 
year, or to imprisonment in the common gaol, for a 
term not exceeding six months. 

Sec. 4. Be it further enacted, That all the provi- 
sions in any of the acts herein referred to, which are Former laws re- 
repugnant to, or inconsistent with the provisions of this ^* " " * 
act, shall be, and the same are hereby repealed : Pro- proviso, 
vided, however, that nothing in this act contained, 
shall be construed to take away or impair the power 
and authority given to Overseers of the Poor, in any 
town or city, in respect to such poor persons as shall 
be actually chargeable to any town or city, for their 
support, by virtue of any of the acts or laws now in 
force in this Commonwealth. 

[Approved by the Governor, February 10th, 1823.] 



CHAP. LXXXIIL 

An Act to continue in force the "Act incorporating the 
Marblehead Insurance Company." 

OE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That the act, entitled "an 
act to incorporate Robert Hooper, and others, by 
the name of the Marblehead Insurance Company," 
passed on the eighth day of March, in the year of our 
Lord one thousand eight hundred and three, shall be Renewal ot 
and remain in full force for the term of twenty years, 
from the eighth day of March, in the year of our Lord 
one thousand eight hundred and twenty three; with 
all the powers and privileges granted by said act, and 



Stock liable to 
be taxed. 



130 PEWS TAXED, IN DOVER. Feb. 10, 1823. 

also with all the powers and privileges granted by au 
act, entitled ^^an act to deiine the powers, duties, and 
restrictions of insurance compan.ies," passed the six- 
teenth day of February, in the year of our Lord one 
thousand eight hundred and eighteen: Provided, how- 
ever, that the said corporation shall be subject to all 
the duties, restrictions, and requirements, prescribed 
and contained in the said act, entitled " an act to de- 
' fine the powers, duties, and restrictions of insurance 

companies ;" and that said Marblehead Insurance 
Company shall be liable to be taxed by any general 
law providing for the taxation of all similar corpo- 
rations. 

[Approved by the Governor, February 10th, 1823.] 



CHAP. LXXXIV. 

An Act authorizing the taxing of Pews in the Congre- 
gational Meeting House, in Dover. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Congregational 
Society in the District of Dover, in the County of 
Norfolk, be, and hereby are empowered to raise any 
sum or sums of money, which the members of said so- 
ciety may hereafter, at any legal meeting called for 
the purpose, vote to raise for the support of public 

Tax on Pews, worship iu Said society, by a tax on the pews in their 
meeting house in said Dover. 

Sec. 2. Be it further enacted, That, for the equita- 
ble apportionment of the taxes to be assessed on said 
pews, the members of said society shall cause a valua- 

va)uatioD. tion thereof to be made by a Committee to be chosen by 
them for that purpose ; and the report of such Commit- 
tee, stating the respective numbers and value of said 
pews, shall, when accepted and recorded, be binding 
on all persons interested, for tlie purpose of taxation 
as aforesaid. 



PEWS TAXED, IN DOVER. Feb. 10, 1823. 131 

Sec. 3. Be it fariher enacted , That the sums voted 
to be raised on said pews shall, within ten days after 
such vote, be apportioned and assessed thereon by the Apportionment. 
Assessors of said society for the time being, if such 
Assessors there be, otherwise by the Assessors of said 
District of Dover, according to such valuation: Pro- pvoviso, 
vided, however^ that said society may, by vote, except 
from taxation such pews as they may think fit, not ex- 
ceeding three in number, and instruct said Assessors 
accordingly, who shall omit such pews in the assess- 
ment. 

Sec. 4. Be it further enacted, That said Assessors 
shall, as soon as may be, make out a fair and correct 
list of the taxes assessed on each of said pews, ac- List of Taxes. 
cording to this act, and deliver the same to the Trea- 
surer of said society, if any such there be, otherwise 
to the Treasurer of said District of Dover. And it 
shall be the duty of said Treasurer to give notice of Puwic Notice. 
such taxation and assessment to all concerned, by pos- 
ting a copy of said list at the meeting house door, at 
least thirty days before the expiration of the time lim- 
ited, by vote of said society, for the payment thereof, 
and calling on all persons interested therein, to pay to 
him the several sums so assessed, according to tl»e 
vote aforesaid. 

Sec. 5. Be it further enacted, That in case any 
person, having a right to any pew, taxed as aforesaid, 
as tenant thereof, for a term of time not exceeding one 
year, and standing on record as such tenant, and noti- 
fied in manner aforesaid, shall neglect or refuse to pay 
said tax, according to the vote of said society, it shall Payment of Tas- 
be the duty of said Treasurer, (who shall also be Col- 
lector,) and he is hereby authorized and empowered 
to enforce payment thereof, by any of the legal means 
by which payment of ordinary town or parish taxqs 
may be enforced. 

Sec. 6. Be it further enacted, That 4f any person 
or persons at present entitled, or who shall hereafter 
become lawfully entitled to any of said pews, either as 
owner in fee, or as tenant for a term of time exceeding 
one year, shall neglect or refuse to pay any tax as- 
sessed as aforesaid, after notice thereof, as herein 
above provided, in the manner, and within the time 
18 



132 PEWS TAXED, IN DOVER. Feb. 10, 1823, 

prescribed by vote of said society, it shall be the duly 
of said Treasurer, and he ie hereby autlioiized and eni' 
powered to sell the pews thus owned or held in tenan- 
cy, and all the right and title of such owner or tenant, 
upon which such tax, or any part thereof, shall remain 

Delinquent Pews unpaid, at public auctiou, to the highest bidder; and 

^u^tion,'" ^ his deed to the purchaser, recorded in tlie records of 
the society, or of said District of Dover, shall give to 

^ the purchaser all the right, title and interest in such 

pew, which said former owner or tenant had in and to 

Proviso. the same : Provided, however, that the Treasurer afore- 

said shall, after the expiration of the time limited by 
vote of the society for the payment of such tax, give 
at least twenty days notice of the time and place of 
the vendue, by posting one advertisement at said meet- 
ing house, and one at some other public place in said 
district, stating the number of the pew to be sold, and 
the tax due upon it; and tlie remedy provided in this 
section shall be the only mode of collecting said taxes, 
in all cases where the owner or tenant has, or shall 
liave a right, as owner or tenant, to any pew so taxed, 
for a term of time exceeding one year. 

Sec. 7. Be it further enacted. That in case the 

Adjournment ofTreasurcr shall deem an adjournment of his sales 
*"' necessary, he may adjourn from time to time, not ex- 

ceeding seven days at one time, until they be comple- 
ted; and in all cases he shall pay over to the former 
owner or tenant the balance of monies in his hands, 
arising from such sale, after deducting the taxes due, 
and his own reasonable charges for advertising and 
selling the same. 

[Approved by the Grovernor, February 10th, 1823.] 



SUFFOLK COUNTY TAXES. Feb. 10, 1823. 13.3 



CHAP. LXXXV. 

All Act providing for the assessment of Taxes in the 
County of Suffolk. 

JjE it enacted bij the Senate and House of 
llepvpsentatives, in General Court assembled, and by 
the authonfy nf the same, That the City Council of the 
City of Boi-ton shall have power, from time to time, 
to lay and assess taxes in the County of Suffolk, JaVe" 
for all purposes for which county taxes may be levied 
and assessed, so long as the Town of Chelsea shall 
continue not to be liable to taxation for any county 
purposes. 

[Approved by the Governor, February 10th, 1823.] 



Permission to lay 



CHAP. LXXXVI. 

An Act, in addition to the several Acts now in force, 
regulating the limits of Prison Yards, and the dis- 
charge of Poor Debtors from Prison. 

Sec. 1. JBE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the fif- 
teenth day of May next, the boundaries of the gaol 
yards, in the several counties of this Commonwealth, 
shall be assigned and limited as follows, viz. : — In the 
County of Suffolk, the gaol yard shall be co-extensive 
with the exterior boundary of Ward number five, inGaoiBoundaiir- 
the City of Boston, as the same is now defined; and 
in all other counties of this Commonwealth, it shall be 
the duty of the Court of Sessions to determine and es- 
tablish anew, at their first meeting after the first day of 
April next, the limits of the gaol yards in their respec- 
tive counties; in such manner that the same shall in no 



134 GAOL LIMITS. Feb. 10, 1823. 

instance extend more than iiftyrods from the gaol, to 
which gaol yards may be assigned and established : 
Provided, that it shall not be incnmbent on the Court 
of Sessions in any county to reestablish the limits of 
the gaol yard of any prison, where the same have been 
assigned and established conformably to the provisions 
of this act. 

Sec. 2. Be it further enacted, That the gaol limits 
to the several gaols in -this Commonwealtji, shall re- 
main as now assigned and established, until confirmed 
or established agreeably to the provisions of this act. 

Sec. 3. Be it further enacted, That in all cases 
where any person has been, or shall be hereafter im- 
prisoned on execution for debt, in any of the gaols 
within this Commonwealth, and shall not, within one 
hundred and twenty days from the passing of this act, 
if now in prison, or within ninety days from such com- 
mitment, if hereafter committed, be discharged from 
Discharges from such imprisoument, agreeably to the provisions of an 
imprisonment. ^^^^ entitled " au act for the relief of poor prisoners 
who are committed by execution for debt," passed on 
the niueteenth day of November, in the year of our 
Lord one thousand seven hundred and eighty seven, 
and the several acts supplementary thereto, such per- 
son shall forthwith be put into close confinement by 
the person having the care of the gaol to which such 
commitment may have been made, and shall continue 
in such confinement until discharged from the same, 
by payment of all the executions on which such per- 
son may stand committed in close confinement, or oth- 
erwise discharged from such imprisonment by due 
course of law. 

Sec. 4. Be it further enacted, That in all bonds 
hereafter given by any debtor, for his continuing a 
prisoner within the limits of the prison yard, there 
Debtors Grace, shall also be inserted, as a condition of the bond, that 
the said debtor shall, at the expiration of ninety days 
from the day of his commitment, surrender himself at 
the gaol house, for the purpose of being committed to 
close confinement, unless he shall before that time 
have been discharged, by payment of said execution, 
or by order of law. 

Sec, 5. Be it further enacted, That the several actS;, 



SALES AT AUCTION. Feb. 10, 1823. 135 

and parts of acts, so far as the same are inconsistent 

wi'li tlie provisions of tliis act, be, and the same are Former acts >« 

hereby repealed. 

[Approved by the Governor, February 10th, 1823.] 



CHAP. LXXXVII. 

An Act imposing a Duty on Sales at Auction. 

Sec. 1. JjE it enacted by the Senate and House of 
Jiepresentatives, in General Court assembled, and bjf 
the authority of the same, That all real and personal 
estate, which shall at any time be exposed to sale at 
public auction, or vendue, within this Commonwealth, 
from and after the first day of April next, by any Auc- 
tioneer, or other person, duly authorized to sell real 
and personal estate at auction or vendue, excepting all 
such real and personal estate as shall be sold by order 
of law; and all stock in banks, insurance companies, 
and the public funds, shall be subject to the following 
duties, each and every time such real or personal es- 
tate may be struck off, sold, or bought in, to wit: — All Tax on sales or 

1,, ,- !• , -i II veal and personal 

personal estate, excepting ships an«l vessels, one dol- estate, 
lar for every hundred dollars of the value for which 
the same shall be sold; and all real estate, ships and 
vessels, at fifty cents for every hundred dollars of the Rate of Tax. 
value for which the same shall be sold ; and at and 
after the same rate, for any greater or less sum, to be 
paid by the person who shall so sell the same. And 
in all cases where the Auctioneer, or the owner of such 
goods so exposed to sale, or any person who shall be 
employed by them, or either of them, shall be the 
highest bidder, the said real or personal estate shall 
be subject to the payment of the same duties as if they 
had been sold to any other person. 

Sec. 2. Be it further enacted, That if any person 
not licensed and qualified, according to the laws of 
this Commonwealth, and the provisions of this act. 



136 SALES AT AUCTION. Feb. 10, 1823. 

shall sell, or attempt to sell, any real or personal es- 
tate whatsoever, by way of puhlic auction or vendue, 
within this Commonwealth, he shall be considered 
i^uilty of a misdemeanor, and shall, on conviction, be 
Fines for selling lined lu a sum not exceedins; five hundred dollars, for 

goods at auction , fi i- ■• i» , i , 

Nvithout license, eacu and every oilence, at the discretion oi the court 
before whom such conviction shall take place. 

Sec. 3. Be it further enacted, That each Auction- 
eer shall, on or before the first day of April next, give 

Bonds to be given a boud, lu a reasouablc penalty, with two sufficient 
sureties, to the Treasurer of this Commonwealth, and 
his successor in office, conditioned for the payment of 
the duties herein before mentioned, to the Treasurer 
of this Commonwealth, and also that he shall, in all 
things, well and truly conduct and conform himself, 
according to the trne intent and meaning of this act; 
which bonds shall be taken by persons who granted 
the license, and be by them duly transmitted to the 
Treasurer of this Commonwealth, with an endorse- 
ment of tlieir approval thereon. And all Auctioneers 
who shall hereafter be appointed, before they sell, or 
attempt to sell, any real or personal projjerty, shall 
give bonds, to be approved and transmitted as afore- 
said, by the authority granting the license. And if 
any person, from and after the first day of April next, 
shall sell any real or personal estate, by way of pub- 
lie auction, without having given bond as aforesaid, 
he shall forfeit the sum of five hundred dollars, for 
every time he shall so sell without giving bond, to be 
recovered by any person Avho shall sue for the same; 
one moiety thereof to the person wlio shall sue there- 
for, and the other moiety to the use of the Commou- 
wealth. 

Sec. 4. Be it further enacted, That every Auction- 
eer, who shall sell any real or personal estate, des- 
cribed in this act, by M^ay of public auction, from and 
after the first day of April next, shall, on the first days 
of April, July, October and January, next after any 
such sales shall be made, or as soon afterwards as 

quarterly pay- may bc, iiot cxceediug" thli'ty days, render to the Trca- 

ments of auction i« ii • *^( i - 1* l i i- ^ 

tax. surer ot this Commonwealth, a true and particular ac- 

count, in writing, of the monies or sum for which any 
and all real or personal estate shall have been sold, 



SALES AT 'AUCTION. Feb. 10, 1823. 137 

carefully distinguishing between sales of real anil per- 
sonal estate, and between sales whereby the whole of 
any real or personal estate sent, entrusted or consign- 
ed to such Auctioneer, has been actually sold at pub- 
lic auction, and other sales, whereby some part or 
parcel thereof has been sold at public auction, with 
tiie design and effect to ascertain ami fix a price for 
the whole or any other part thereof, at every sale at 
auction by him made, from and after the said first day 
of April next, or from the time that the last account 
was rendered by him, in .conformity to this act. And 
every such account shall have endorsed thereon, the 
following oath or affirmation, substantially in the form 
following, to wit: — I do solemnly and sin- oatu w affima- 

cerely swear, (or affirm) that the account to which I*'""' 
have subscribed my name, contains a just and true 
statement of the amount of all the real and personal 
estate, sold or struck off by me at public sale, or sold 
by me at private sale, on commission, or whereof any 
part or parcel has been sold or struck ofi'by me at pub- 
lic sale, with the design and effect to ascertain and fix 
a price for the whole or any otlier part thereof, subject 
to duty, pursuant to the act, entitled "an act imposing 
a duty on sales at auction,'' within the time mentioned 
in said account; and that I have carefully examined all 
entries and memoranda of sales made by me at auction ♦ 

and at private sale, on commission, within the time 
mentioned in said account, and that this account ex- 
hibits the whole amount thereof, liable to pay a duty, 
pursuant to the act aforesaid, according to my best 
knowledge, information and belief. And the Auction- 
eer who subscribes the account, shall also subscribe 
the foregoing oath or affirmation, and make oath or af- 
firmation thereto, before some Justice of the Peace: 
and the said Justice shall certify the same. And every 
Auctioneer shall, upon rendering such account, so au- 
thenticated, pay the amount of duty upon such account 
of sales, into the treasury of the Commonwealth. And two .wi a halt 
every Auctioneer shall receive as a compensation, twul'e'd/'^"* '^'^'"' 
'knd a half per cent, on all the duties he shall so pay 
into the treasury. 

Sec. 5. Be it further enacted, That no person who- 
soever shall, on the day of anv sale at public auction. 



Ie38 



SALES AT AUCTION. 



Feb. 10, 1820. 



Penalties. 



dispose of, at private sale, any of the property which 
has been advertised or exposed to sale at public auc- 
tion, and which, if sold at public auction, would be 
liable to the duty imposed by this act, under the penal- 
ty of one thousand dollars, to be recovered by any per- 
son who shall sue for the same; one moiety thereof, 
when recovered, to such person's use, and the other 
moiety to the use of the Commonwealth. And all sales 
at auction, of any part or parcel of any real or person- 
al estate sent, entrusted or consigned to an Auctioneer, 
for sale, with the design an(4 eifect to ascertain and fix 
a price for the whole, or for any other part thereof, 
without exposing the whole, or such other part, to 
public sale, shall be deemed and taken to be sales at 
auction, within the meaning of this act, to the whole 
amount of the real or personal estate so sent, entrusted 
or consigned, as aforesaid, and whereof the sale is so 
effected, whether the same be conducted and effected 
by the Auctioneers, or by any person or persons act- 
ing as a Commission Mercliant, Factor, or Agent, or 
by the owner or owners thereof. And the whole 
amount of such real or personal estate shall be return- 
ed by said Auctioneer, in his accounts to the Treasurer 
of this Commonwealth, in the same way and manner, 
as if the same had been all sold at public auction. 

Sec. 6. Be it further enacted, That if any person 
shall be guilty of any fraud or deceit, in the execution 
of this act, or in eluding or defeating the operation 
thereof, every such person, on conviction thereof, shall 
Penalties for ner- forfeit thc suui of ouc thousaud dollars, as a penalty 
jury or lau s. ^^^ every such offence, to be recovered by any person 
who will sue for tl*e same; one moiety thereof, when 
recovered, to be for tiie use of such person, and the 
other moiety thereof to the use of the Commonwealth. 
And every person who shall subscribe and swear wil- 
fully and falsely, to any account transmitted or deliv- 
ered to the Treasurer of this Commonwealth, accord- 
ing to the provisions of this act, shall suffer the pains 
and penalties which by law are prescribed for wilful 
and corrupt perjury. 

Sec. 7. Be it further enacted^ That it shall be the 



Return of ao 
counts. 



MERCHANTS' INS. COMP. Feb. 10, 1823. 139 

dnfy of tlie Treasurer of the Conimonwcaltb, to pre- 
pare and fiiniisli blank forms for the bonds and returns 
to be given and made as aforesaid. 

[Approved ])y the Governor^, February 10th, 1823.] 



CHAP. LXXXVIIL - 

An Act to incorporate the Merchants' Insurance 
Company, in Salem. 

Sec. 1. JdE it enacted by the Senate and House oj 
Representatives^ in General Court assembled, and by 
the authority of the same, That Peter Lander, John peismish.covpo- 
Forrester, Nathaniel West, Willard Peele, Pickering """''■ 
Dodge, Stephen Phillips, and Edward Lauder, with 
their associates, successors and assigns, be, and they 
are hereby incorporated into a company and body pol- 
itic, by the name of the Merchants' Insurance Com- 
pany, in Salem; with all the powers and privileges, 
granted to insurance companies, and subject to all the 
restrictions, duties and obligations, contained in a lawpo«e.sandiia- 
of this Commonwealth, entitled "an act to define the 
powers, duties and restrictions, of insurance compa- 
nies," passed on the sixteenth day of February, in the 
year of our Lord one thousand eight hundred and 
eighteen, and in a law of this Commonwealth, entitled 
^*an act authorizing the several insurance companies of 
this Commonwealth, to insure against fire," passed on 
the twenty first of February, in the year of our Lord 
one thousand eight hundred and twenty, for and dur- 
ing the terra of twenty years after the passing of this Limitation of 
act; and by that name may sue and be sued, plead and*" *""' 
be impleaded, appear, prosecute and defend to final 
judgment and execution; and may have a common seal, 
which they may alter at pleasure; and may purchase. May hold reai& 
hold and convey any estate, real or personal, for the^"'""^'*"*^^* 
use of said company; provided, the said real estate proviso. 
shall not exceed the value of fifteen thousand dollars, 
19 



140 MERCHANTS' INS. COMP. Feb. 10, 1823. 

excepting such as may be taken for debt, or held for 
collateral security for money due to said company. 
Capital stock. Sec. 2. Be it further enacted, That the capital 
stock of said company, exclusive of premium notes, 
and profits arising from business, shall be one hun- 
dred and fifty thousand dollars, and shall be divided 
into shares of one hundred dollars each, fifty per cen- 
tum of which shall be paid, in money, within ninety 
days after the first meeting of the said company, and 
the residue, in money, in one year, in such instal- 
ments, and under such penalties, as the President and 
Directors shall in their discretion direct and appoint. 
And the said capital stock shall not be sold or trans- 
ferred, but shall be holden by the original subscribers 
thereto, for and during the terra of one year after the 
said company shall go into operation. 

Sec. 3. Be it further enacted. That the stock, pro- 
perty, affairs and concerns of the said company, shall 
Number of Di- be managed and conducted by nine Directors, one of 
■^yijoni shall be President thereof, who shall hold their 
offices for one year, and until others are chosen, and no 
longer, and who shall, at the time of their election, be 
stockholders in said company, and citizens of this Com- 
Annuai election fflon Wealth, and shall be elected on the second Monday 
of April, in each and every year, and at such time of 
the day, and in such place in Salem, as a majority of 
the Directors, for the time being, shall appoint; of 
which election, public notice shall be given by publi- 
cation in some newspaper printed in Salem, ten days 
at least, previous to such meeting; and the election 
shall be made, by ballot, l)y a majority of the votes 
of the stockholders present, allowing one vote to each 
share in the capital stock: Provided, that no stock- 
votes, holder shall be allowed more than ten votes; and ab- 
sent stockholders may vote by proxy, under such reg- 
ulations as the said company shall prescribe. And if, 
through any unavoidable accident, the said Directors 
shall not be chosen on the second Monday of April, 
as aforesaid, it shall be lawful to choose them on any 
other day, in the manner herein provided. And it 
shall be the duty of the Secretary of said company, at 
any time, upon application, in writing, of the proprie- 
tors of twenty per centum of the capital stock, to call 
a meeting of the stockholders, to be holden at such 



MERCHANTS' INH. COMP. Feb. 10, 1823. 141 

time and place in said Town of Salem, as they shall 
direct, for the purposes mentioned in such applica- 
tion, by giving like notice thereof, as is herein requi- 
red for the election of Directors. 

Sec. 4. Be it further eyiacted, That the Directors, 
when chosen, shall meet as soon as may be after eve- 
ry election, and shall choose out of their body, one 
person to be President, who shall be sworn, or affirm- choke or presi- 
ed, to the faithful discharge of the duties of his office, 
and who shall preside for one year. And in case of 
the death, resignation, or inability to serve, of the 
President, or any Directors, such vacancy or vacan- 
cies shall be filled for the remainder of the year in 
which they happen, by a special election for that pur- 
pose, to be held in the same manner as herein before 
directed, respecting annual elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and four of the Directors, or five of them in his ab- 
sence, sliall be a Board competent to the transaction of Board of Direct- 
business; and all questions before them shall be deci-°"' 
ded by a majority of votes; and they shall have power 
to make and prescribe such by-laws, rules and regu- 
lations, as to them shall appear needful and proper. Rules and Regu- 
touching the management and disposition of the sto('k, ''**"'"'■ 
property, estate and effects of said company, and the 
transfer of the shares, and touching the duties and 
conduct of the several Officers, Clerks and Servants 
employed, and the election of the Directors, and all 
such matters as appertain to the business of insurance ; 
and shall also have power to appoint a Secretary, 
and so many Clerks and Servants for carrying on 
the said business, and with such salaries and allow- 
ances to them and to the President, as to the said cieiks, their sai- 
Board shall seem meet: Provided, such by-laws and''"'^'' 
regulations shall not be repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That any two or more 
of the persons named in this act, are hereby authorized 
to call a meeting of said company, by advertising the 
same, in some newspaper, printed in Salem, in two 
successive papers, for the purpose of electing their 
first Board of Directors, who shall remain in office till 
the second Monday of April, in the year of our Lord 
one thousand eight hundred and twenty four, and un- 



Conditions of 
Chai'ter. 



Proviso. 



142 COMMERCIAL INS. COMP. Feb. 10, 1823. 

til others shall be elected in tlieir stead : Provided, 
however^ that this charter shall be void, and of no 
effect, unless put into operation agreeably to the terms 
of it, within one year from and after the passing of 
this act : JLnd, provided, also, that the said company 
shall not take any risk, or subscribe any policy, by 
virtue of this act, until one moiety of the capital 
stock of said company, shall have actually been 
paid in. 

Sec. 7. Be it further enacted. That the said com- 
pany shall never take on any one risk or loan, on re- 
spondentia or bottomry, on any one bottom at one 
time, including the sum insured, in any other way on 
the same bottom, a sum exceeding ten per centum of 
the capital stock of said company, actually paid in, 
agreeably to the provisions of this act. 

Sec. 8. Be it further enacted^ That the said insu- 
Location. TaucB compauy shall be located and kept in the Town 
of Salem. 

Sec. 9. Be it further enacted. That the said Mer- 
chants' Insurance Company shall be liable to be taxed 
May be taxed, by auy general law providing for the taxation of all 
similar corporations. 

[Approved by the Governor, February 10th, 1823.] 



Limitation of 
risks. 



CHAP. LXXXIX. 



Persons incorp 
rated. 



An Act to incorporate the Commercial Insurance 
Company. 

Sec. 1. J3E it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That John Bryant, Eben- 
o-ezer Faucis, Phineas Upham, Edmund 1) wight, Wil- 
liam Appleton, William Lawrence, Amos Lawrence, 
Ebenezer Breed, George Bond, Thomas Motley, Dan- 
iel P. Parker, with their associates, successors and as- 
signs, be, and they hereby are incorporated into a 
company, and body politic, by the name of the Com- 
mercial Insurance Company; with all the powers and 



COMMERCIAL INS. COMP. Feb. 10, 1823. 143 

privileges granted to insurance companies, and subject 
to all the restrictions, duties and obligations, contained 
in a law of this Commonwealth, entitled <'an act to Gtimai powers, 
deiine the powers, duties and restrictions, of insurance '^''i""'^" " ^• 
companies," passed on the sixteenth day of February, 
in the year of our Lord one thousand eight hundred 
and eighteen, and in a law of this Commonwealth, en- 
titled "an act authorizing the several insurance com- 
panies in this Commonwealth to insure against fire," 
passed on the twenty first day of February, in the 
year of our Lord one thousand eight hundred and 
twenty, for and during the term of twenty years after Limitation of 
the passing of this act; and by that name may sue'^''"'"' 
and be sued, plead and be impleaded, appear, prose- 
cute and defend to final judgment and execution; and 
may have a common seal, which they may alter at 
pleasure ; and may purchase, hold and convey any 
estate, real or personal, for the use of said company : 
Provided^ the said real estate shall not exceed the va- 
lue of twenty thousand dollars, excepting such as may 
be taken for debt, or held as collateral security for 
monies due to said company. 

Sec. 2. Bp it further enacted^ That the capital capital stock. 
stock of said company shall be three hundred thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, fifty per centum of which shall 
be paid, in money, within ninety days after the first 
meeting of the said company, and the residue, in 
money, to be paid, twenty five per centum thereof in 
six months, and twenty five per centum in one year, 
after said first meeting; and the said capital stock 
shall not be sold or transferred, but shall be holden 
by the original subscribers thereto, for and during the 
term of one year, after the company shall go into opera- 
tion : Provided, however, that the said company shall 
not take any risk, or subscribe any policy, by virtue condition oi ta- 
of this act, until one moiety of the capital stock of said "'^ "" " 
company shall have actually been paid in. 

Sec. 3. Be it /mother enacted, That the stock, pro- 
perty, affairs and concerns of said company, shall be 
managed and conducted by nine Directors, one ofDiicctoi . 
whom shall be President thereof, who shall hold their 
oflRces for one year, and until others are chosen, and 
no longer, and who shall, at the time of their election. 



144 COMMERCIAL INS. COMP. Feh. 10, 1823. 

be stockholders in said company, and citizens of this 
Comraonwealtli, and shall be elected on the second 

Annual Meeting. Monday of March, in each and every year, at such 
time of the day, and at such place in the City of Bos- 
ton, as a majority of the Directors, for the time being. 

Public Notice, shall appoint; of which election, public notice shall 
be given in two or three newspapers, printed in the 
City of Boston, and continued for the space of ten 
days, immediately preceding such election ; and the 
election shall be made by ballot, by a majority of the 
votes of the stockholders present, allowing one vote 
for each share in the capital stock : Provided^ that no 

Votes. stockholder shall be allowed more than ten votes ; and 

absent stockholders may vote by proxy, under such re- 
gulations as the said company shall prescribe. And if, 
through any unavoidable accident, the said Directors 
shall not be chosen on the second Monday in March, 
as aforesaid, it shall be lawful to choose them on any 
other day, in the manner herein prescribed. And it 
shall be the duty of the Secretary of said company, 
at any time, upon application, in writing, of the pro- 
prietors of twenty per centum of the capital stock, to 

Meetings of the call a meetlog of the stockholders, to be holden at 
such time and place in the City of Boston, as he shall 
direct, for the purposes mentioned in such application, 
by giving like notice thereof, as is herein required for 
the election of Directors. 

Sec. 4. Be it further enacted, That the Directors, 
when chosen, shall meet so soon as may be, after ev- 
ery election, and shall choose out of their body, one 

Choice of Piesi- person to be President, who shall be sworn, faith- 
fully to discharge the duties of his office, and who 
shall preside for one year. And in case of the death, 
resignation, or inability to serve, of the President or 
any Directors, such vacancy or vacancies shall be fill- 
ed for the remainder of the year in which they happen, 
by a special election for tliat purpose, to be held in the 
same manner as herein before directed, respecting an- 
nual elections of Directors. 

Sec. 5. Be it farther enacted, That the President 
and four of the Directors, or five Directors in the ab- 
sence of the President, shall be a Board competent for 
the transaction of business, and all questions before 
them^ shall be decided by a majority of votes; and 



COMMERCIAL INS, COMP. Feb. 10, 1823. 145 

tliey shall have power to make and prescribe such by- By-Laws, &c. 
laws, rules and regulations, as to them shall appear 
needful and proper, touching the management and dis- 
position of the stock, property, estate and effects of 
said company, and the transfer of the shares; and 
tou( hing the duties and conduct of the Officers, Clerks 
and Servants employed, and the election of Directors, officers to heap 
and all such matters as appertain to the business of '""""' ' 
insurance; and also shall have power to appoint a 
Secretary, and so many Clerks and Servants, for car- 
rying on the said business, and with such salaries and 
allowances to them and the President, as to the said 
Board shall seem meet : Provided, such by-laws and 
regulations shall not be repugnant to the constitution 
and laws of this Commonweatth. 

Sec. 6. Be it further enacted, That any two or 
more of the persons named in this act, are hereby au- 
thorized to call a meeting of the said company, by Fust Meeting. 
advertising the same, for two successive weeks, in two 
of the newspapers printed in Boston, for the purpose 
of electing the first Board of Directors, who shall con- 
tinue in office until the second Monday of March, in 
the year of our Lord one thousand eight hundred and 
twenty four, and until others are chosen: Provided^ 
however, that this charter shall be void and of no 
effect, unless put into operation, agreeably to the terms 
of it, within one year from and after the passing of 
this act. 

Sec. 7. Be it further enacted, That the said com- 
pany shall never take on any one risk or loan, on re- 
spondentia or bottomry, on any one bottom at one 
time, including the sum insured, in any other way on Limitation of 
the same bottom, a sum exceeding ten per centum of 
the capital stock of said company, actually paid in, 
agreeably to the provisions of this act. 

Sec. 8. Be it further enacted. That the said insu- 
rance company shall be located and kept in the City Location. 
of Boston. 

Sec. 9. Be it further enacted, That the said Com- 
mercial Insurance Company shall be liable to be taxed May be taxed, 
by any general law providing for the taxation of all 
similar corporations. 

[Approved by the Governor, February 10th, 1823.] 



146 LOTTERIES. Feb. 10, 1823. 



CHAP. XC. 

An Act, ill addition to an Act, regulating the manage- 
ment and drawing of Lotteries, in certain cases, 
within this Commonwealth. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That from and after the pass- 
ing of this act, if any person or persons shall sell, or 
ofter for sale, or shall advertise, or cause to be adver- 
tised for sale, any lottery tickets, or shall draw any 
lottery not authorized by the laws of this Common- 
wealth, or aid or assist in the drawing of any such 
lottery, or shall be concerned in the management or 
conducting of any such lottery, within this Common- 
wealth, he or they shall severally forfeit and pay, to 
the use of the Commonwealth, a sum not less than ten 
thousand dollars, to be recovered by information or in- 
dictment before the Supreme Judicial Court, in any 
county wherein such offence may be committed. And 
it shall be the duty of the Attorney and Solicitor Gen- 
erals to prosecute for all breaches of this act that may 
come to their knowledge. 

[Approved by the Governor, February 10th, 1823.] 



Forfeitures. 



CHAP. XCL 

An Act to continue in force the Act incorporating the 
Union Insurance Company. 

If E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same., That the act, entitled "an 
act to incorporate Nathaniel Fellows and others, into 
a company by the name of the Union Insurance Com- 



GRANTS AND DONATIONS. Feb. 11, 1823. 147 

pany," passed on the twenty eighth day of February, 

in the year of our Lord one thousand eight hundred 

and four, shall be, and remain in force, for the term of Renewal oc 

twenty years, from and after the fifth day of March, 

one thousand eight hundred and twenty three, with all 

the powers and privileges granted by the said act, and 

also with all the powers and privileges granted by 

*^an act, entitled an act to deiiue the powers, duties, 

and restrictions of insurance companies," passed the 

sixteenth day of February, in the year one thousand 

eight hundred and eighteen: Provided, however, that 

tht? said corporation shall be sul)ject to all the duties 

and requirements prescribed and contained in the said 

act, entitled ^'an act to deiine the powers, duties and 

restrictions of insurance companies ;" and that the 

said Union Insurance Company shall be liable to be 

taxed by any general law providing for the taxation o"f Maybe taxed. 

all similar corporations. 

[Approved by the Grovernor, February 10th, 1823.] 



CHAP. XCII. 

An Act, in addition to '^^An Act, for the better secur- 
ing and rendering more eifectual Grants and Dona- 
tions to pious and charitable uses." 

IjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the Overseers of each 
monthly meeting of the denomination of people called 
Quakers, shall be deemed so far a body corporate, as 
to take and hold in succession, all grants and dona- 
tions of personal estate made' by any person dwelling 
within the territorial bounds of said monthly meeting, incorporation of 
and of all re^l estate situate within said bounds, made mMfcI'ssion'l ail 
or hereafter to be made to the yearly, monthly, or pre-uouT"" 
parative meetings of the Quakers, to said Overseers, or 
to the use of any of said meetings, or the poor thereof; 
20 



148 MESNE PROCESS. 11 Feb. 11, 1823. 



and to alien ov manage the same according to the terms 
and conditions on which the same may have been made; 
and in the name of the said Overseers, for the time be- 
ing, to prosecute or sue for any right that may have 
vested in said Overseers, the poor of said meetings, 
or in any of said meetings, in consequence of such 
grant or donation : Provided, that the income of the 
grants and donations to any one of such meetings, for 
the uses aforesaid, shall not exceed the sum of five 
thousand dollars per annum. 

[Approved by the Governor, February 11th, 1823^,] 



CHAP. XCIll. 

An Act regulating Attachment on Mesne Process. ^ 

Sec. 1. JjE it enactpd by the Senate and House of 
llepresentatives, in General Court assembled, and by 
the authority of the same, That whenever any per- 
sonal property shall be attached on mesne process, on 
one or more Vrits, and the respective parties shall ex- 
press their consent in writing, that the same may be 
sold, at any time before judgment, it shall be the duty 
Property ma) be of the attaching oflSccr, to cause the same to be sold in 
manner provided by law for the sale of similar pro- 
perty on execution; and the money produced by such 
sale, deducting all lawful charges, shall be held and 
retained by such officer, and shall stand bound to re- 
spond the judgment or judgments to be rendered upon 
such writ or writs, in the same manner as if the said 
goods had remained specifically in the hands of such 
officer, and sold on execution. 

Sec. 2. Be it furthei enacted, That whenever any 
live stock, or any goods, chattels, or merchandize, 
which may be liable to perish, waste, or greatly de- , 
preciatc in value, by keeping, or which cannot be kept 
without great and disproportionate expense, siiall be 
attached on mesne process, other than process issued 



MESNE PROCESS. Feh 11, 1823. 149 

by Justices of the Peace, and the parties shall not 
consent in writing to a sale thereof, before judgment, 
it shall be lawful for either of the parties to apply to 
the attaching officer to have such goods examined and Appiaisemcms. 
appraised ; and thereupon it shall be the duty of such 
officer to give notice of such application to the other 
party or parties, or their attornies, and to cause a 
schedule of such goods to be prepared, enumerating 
and describing the same, as particularly as the nature 
of the case will admit, and three discreet and disinter- 
ested persons, conversant with the nature and value of 
such goods, to be appointed and sworn before a ma- 
gistrate, to the faithful discharge of their duty as ap- 
praisers in such case; one to be nominated by the 
creditor or creditors, one by the debtor or debtors, and 
one by such officer. And if either of the parties shall 
neglect or refuse to nominate such appraiser, or not 
agree in such nomination, after reasonable notice, then 
an appraiser, on the part of such party neglecting, shall 
be nominated by such officer. And it shall be the duty 
of such appraisers to examine such attached property, 
and to certify whether, in their opinion, such goods, 
chattels, or merchandize, or any part thereof, are, or 
are not, liable to perish, waste, or greatly depreciate 
in value, by keeping, and whether the same can, or 
cannot be kept without great and disproportionate ex- 
pense. And in case such appraisers, or the major part 
of them, shall be of opinion that such property, or any 
part thereof, is liable so to perish, waste, or depreciate, Duties of ap 
and that the keeping of the same will require great ex-^*^*""'' 
pense, disproportionate to their value, it shall be their 
duty so to certify, and thereupon to value and appraise 
the same, according to their best skill and judgment, 
estimating them at the exact cash value thereof at the 
time of sucli appraisement. And it shall be the duty 
of such officer, to cause the goods thus certiiied and 
appraised, to be sold, and to hold the nett proceeds of 
such sale, subject to such attachment or attachments, 
in the manner herein before directed, unless security 
shall be given for the appraised value thereof, as here- 
inafter provided. 

Sec. 3. Be it further enacted, That when any pro- 
perty shall be attached, certified, and appraised as 



150 MESNE PROCESS. Feh, 11, 1823. 

aforesaid, such property, at any time before the sale 
thereof, shall and may be delivered and restored tathe 

proprnj may be defendant or defendants in such suit, on giving bond 

vccia.med. ^^ ^j^^ Hheriflf of the county, in case such attachment 
be made by a Sheriff or his Deputy, otherwise to the 
Coroner or ('onstable making the same, in a sufficient 
penalty, with two sufficient sureties, conditioned to sat- 
isfy the judgment or judgments which may be recover- 
ed in such suit or suits, or to pay over the appraised 
value of such goods, towards the satisfaction of the ex- 
ecution or executions, which may be issued thereon, 
in the order of their priority, to any officer or officers 
to whom the same may be committed, if demanded 
within thirty days after the rendition of such judg- 
ment, or within thirty days after the time within 
which such judgment creditor or creditors shall be 
entitled to demand the same. And in case two or more 
attachments shall be made upon the same property, 
for which security is given as aforesaid, the judgment 
creditor in each case shall not be entitled to demand 
payment of said appraised value, or any part thereof, 

Final judgment, until tiual judgmeut shall have been rendered in the 
suit or suits, on which any prior attachment of the 
same property may have been made. 

Sec. 4. Be it further enacted, That whenever pro- 
perty shall be attached, and security for the value 
thereof given in manner aforesaid, it shall be the duty 
of the officer to make return of his doings on the writ 
. or writs on which such attachment is made, together 
with such bond ; and in case there be more than one, 

Officers' return, it shall be liis duty to return such bond, with the 
writ on which the ilrst attachment is so made; and 
the same shall be taken and deemed to be of record of 
the court to which such writ is returned. And incase 
of the forfeiture of such bond, it shall be lawful for 
either of said attaching creditors, or their representa- 
tives respectively, to bring an action of debt, in the 
name of such officer, or writ of scire facias thereon ; 
in which. two or more of the parties interested therein 
may join, and thereupon judgment may be rendered, 
and separate executions awarded thereon, in favor of 
the party or parties respectively interested therein, 
according to their respective interests : And in case an 



MESNE PROCESS. Feb. 11, 1823. 151 

action of debt shall be bronsjht thereon, the same shall 
be deemed and taken to be brought for the use and. 
benefit, and at the cost and charge of the parly or 
parties interested therein: And in addition to the 
usual endorsement, the name or names of such' par- 
ty or parties interested therein shall be endorsed on Names of parties 
the writ; and in case judgment shall be rendered wntsf" '"''^ 
thereon for the defendants, execution for costs may be 
awarded against such endorser or endorsers. And no 
action or writ of scire facias shall lie on such bond, 
unless the same shall be commenced within one year 
after the cause of such action shall accrue. 

Sec. 5. Be it further enacted, That whenever any 
property, attached on mesne process, shall be sold by 
mutual consent, or after a certificate and appraisement 
as aforesaid, tiie money produced by such sale, whilst 
remaining in the hands of such officer, shall be liable 
to be further attached as the property of the original Money remain- 
defendant, in the same manner as the goods themselves ii'Lnd",ma>Te 
would have been liable, had the same remained speci-" 
fically in the hands of sucii officer. And such monies, 
the proceeds of all such sales, shall be deemed and. 
taken to be bound by all attachments lawfully made 
thereon, for the space of thirty days next after judg- 
ment; or in case there are two or more attachments on 
the same property, then the same shall be held liable 
in each case, for the space of thirty days, next after 
final judgment in the suit or suits, in which any at- 
tachment may have been previously made, and no 
longer. And in case the same or any part thereof 
shall not be demanded at the expiration of thirty days 
after final judgment, in all the suits in which the same 
shall be attached, it shall be the duty of the officer Mouey to be re- 
holding the same, to refund and return the same totaineascs. 
the defendant. 

Sec. 6. Be it further enacted, That whenever any 
personal property shall be attached, and the party 
defendant shall die before the same shall have been 
actually taken in execution, and any will of such de- 
ceased defendant shall be proved, and letters testa- 
mentary issued thereon, or letters of administration on 
the estate of such deceased defendant shall be granted 
within this Commonwealth^ such attachment shall be 



152 N. E. DOMESTIC INS. COMP. Feb. 11, 1823. 

Attachments takeii and deemed to be dissolved, and such property 

maybe ilissolred. .ni iir* iii* i ii 

shall be accounted tor and delivered up to the exe- 
cutor or administrator of such defendant, to be admin- 
istered in due course of law. 

Sec. 7. Be it further enacted, That whenever a 

Notice to be pew shall be attached or taken in execution, notice 
thereof shall be given in writing, by the attaching offi- 
cer, to the Clerk of the parish or religious society 
holding the church or meeting house, in which such 
pew is situated, or left at his dwelling house or usual 
place of abode. 

Sec. 8. Be it fiwther enacted, That no tomb, while 

Tombs not to be the samc shall be in use as a cemetery for the dead, 
shall be liable to be attached, or taken in execution. 

[Approved by the Governor, February 11th, 1823.] 



attached. 



CHAP. XCIV. 

An Act to incorporate the New England Domestic 
Insurance Company. 

Sec. 1. i5E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Lewis Tappan, Sam- 

persons incorpo- uel Hubbard, and Ebenezer Francis, with their asso- 
ciates, successors and assigns, be, and they are hereby 
incorporated into a compauy and body politic, by the 
name of the New England Domestic Insurance Com- 
pany; with power to insure manufactories and other 
buildings and property against fire, and to be govern- 
ed and controlled by the provisions contained in a law 
of this Commonwealth, entitled *'an act to define the 

Powers and lia- powers, duties, and restrictions of insurance compa- 
nies," passed the sixteenth day of February, in the 
year of our Lord one thousand right hundred and 
eighteen, so far as the same may apply to a corpo- 
ration established for the sole purpose of insuring 
against the risk of fire, and with authority to make 



N. E. DOMESTIC INS. COMP. Feh. 11, 1823. 153 

insurances against fire, on buildings, machinery and 
stock employed in manufacturing, and on dwelling- 
houses, and all other buildings and property liable to 
be burned or injured by fire, for and during the term 
of twenty years after the passing of this act; and by Limitation of 
that name may sue and be sued, plead and be im-*^"" "^^ 
pleaded, appear, prosecute, and defend to final judg- 
ment and execution; and may have a common seal, 
which they may alter at pleasure; and may purchase, May hoidreai& 

hill ,1 1 li»ii personal estate. 

Old and convey any estate, real or personal, lor the 

use of said company: Provided^ their real estate shall Pi-o vise, 
not exceed the value of fifty thousand dollars, except- 
ing such as may be taken for debt, or held as collate- 
ral security for monies due to said company. 

Sec. 2. Be it further enacted, That the capital 
stock of said company shall be three hundred thou- capital st.ck. 
sand dollars, and shall be divided into shares of one 
hundred dollars each, fifty per centum of which shall 
be paid in money, within ninety days after the first 
meeting of said corporation, and the residue, in money, 
within one year, twenty five per centum thereof in six 
months, and twenty five per centum in one year from 
and after said first meeting : Provided^ however^ that 
said corporation shall not make any insurance until 
fifty per centum of their capital stock shall have been 
actually paid, in money, by the several stockholders; 
and the said capital stock shall not be sold or trans- 
ferred, but shall be holden by the original subscribers 
thereto, for and during the term of one year after the 
said company shall go into operation. 

Sec. 3. Be it further enacted, That the property, 
affairs and concerns of said company shall be managed 
and conducted by seven Directors, one of whom shall Numw of di- 
be President thereof, who shall hold their offices for'""'"' 
one year, and until others are chosen, and who shall 
be stockholders in said company, and citizens of this 
Commonwealth, at the time of their election, which 
shall be on the second Monday of March, in every ~ 
year, at such time of the day, and place, in Boston, as 
a majority of the Directors, for the time being, shall 
appoint; notice of which election shall be given in two 
newspapers printed in Boston, at least ten days previ- 
otis to the ejiection, Avhich shall be made by written 



154 N. E. DOMESTIC INS. COMP. Feb. 11, 1823. 

ballots, and by a majority of the votes of the stockhold- 
ers present, allowini; one vote to each share in the cap- 
ital stock : Provided, that no stockholder shall be 

Vote allowed more than thirty votes, and absent stockhold- 

ers may vote by proxy. And if, from any cause, the 
Directors shall not be chosen on the second Monday 
of March, as aforesaid, it shall be lawful to choose 
them on any other day, in the manner herein provided. 
Sec. 4. Be it further enacted, That the said Direc- 
tors shall meet as soon as may be, after every election, 
and choose from their own Board, one person to be 

chmceof Piesi- Prcsideut, who shall be sworn to the faithful dis- 
charge of the duties of his office; and every vacancy 
in the office of President or Directors, that may occur 
in the interim of the annual meetings, may be filled by 
a special election in the manner herein prescribed for 
the annual elections. 

Sec. 5. Be it further enacted, That the President and 
three Directors, or four Directors, in the absence of the 

Board of Direct- President, shall be a Board competent to transact the 
business of the company; and all questions before them, 
shall be decided by a majority of the Board; and they 
shall have power to make such rules and by-laws, as 

Ru> and Regu- they may deem proper, for the management of the af- 
fairs, and security of the property of said company, 
and have power to appoint a Secretary, and such oth- 
er officers as they think expedient, and make such 

Clerks, their sal- compensation as thev mav deem adequate to the servi- 
ces performed: Provided, that such rules and by-laws 
be not repugnant to the constitution and laws of this 
Commonwealth. 

Sec. 6. Be it further enacted, That any two of the 
persons named in this act, are hereby authorized to 

First Meeting. Call the first mcetiug of said company, for the purpose 
of organizing and putting the same into operation, by 
giving notice in two newspapers printed in Boston, 
three days previous to the time of holding such first 
meeting. 

Sec. 7. Be it further enacted. That the said compa- 
ny shall never take on any one risk, a sum exceeding 

Jilks\'"'°" °f ten per centum on the capital stock of said company, 

actually paid in, agreeably to the provisions of this act. 

Sec. 8. Be it further enacted, That this charter shall 



GEN. INTEREST ASSUR. Feb. 11, 1823. 155 

shall be void, and of no effect, unless put into opera- conditions of 
tion, agreeably to the terms of it, within one year from 
and after the passing of this act. 

Sec. 9. Be it further enacted, That the said insu- 
rance company shall be located and kept in the City Location. 
of Boston. 

Sec. 10. Be it further enacted. That the said com- 
pany shall be liable to be taxed by any general law Mn be taxed. 
providing for the taxation of all similar corporations. 

[Approved by the Governor, February 11th, 1823.] 



CHAP. XCY. 

An Act to incorporate the General Interest Assurance 

Company. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Joseph Otis, William persons incorpo. 
Brown, Samuel Sanford, Samuel Kales, and William''''' ' 
D. Sohier, with their associates, successors and as- 
signs, be, and they hereby are incorporated into a body 
politic, by the name of the General Interest Assurance 
Company, for and during the term of twenty years, 
from and after the passing of this act; with all the 
powers and privileges granted to insurance companies, Powers and pri- 
and subject to all the restrictions, duties and obliga- '"'''^"" 
gations contained in a law of this Commonwealth, en- 
titled "an act to define the powers, duties and restric- 
tions of insurance companies," passed on the sixteenth 
day of February, in the year of our Lord one thousand 
eight hundred and eighteen, and in a law of this Com- 
monwealth, entitled "an act authorizing the several 
insurance companies in this Commonwealth to insure 
against fire," passed on the twenty first day of Febru- 
ary, in the year of our Lord one thousand eight hun- 
dred and twenty; and by that name, may sue and be 
sued, plead, and be impleaded, appear, prosecute and 
21 ' 



15a 



GEN. INTEREST ASSUR. 



Feb. 11, 1823. 



defend to final judgment and execution; and have a 

common seal, which they may alter at pleasure; and 

May hold real ii may purchase, hold and convey any estate, real or 

peisona estate, p^^.g^j^^]^ f^^, ^|jg ^gg ^j- g^jj| compauy : Pvovided, they 

shall not hold real estate exceeding the value of fifty 

Pioviso, thousand dollars, excepting such as may be taken for 

debt, or held as collateral security for monies due to 
said company. 

Sec. 2. Be it fiu^ther enacted, T\mi the capital stock 

Capital Stock, of said company, exclusive of premium notes, and pro- 
fits arising from business, shall be three hundred thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, fifty per centum of which shall 
be paid, in money, within ninety days after the first 
meeting of said company, and the residue, in money, 
to be paid, twenty five per centum thereof in six 
months, and twenty five per centum in one year from 
and after said first meeting, under such penalties as 
three fourths of the Directors may determine : and the 
said capital stock shall not be sold or transferred, but 
shall be holden by the original subscribers thereto, for 
and during the term of one year after said company 
shall go into operation as aforesaid. 

Sec. 3. Be it further enacted, That tlie property, 
affairs and concerns of said company shall be mana- 

NumberofDi- ged aud couductcd by nine Directors, one of whom 
shall be President thereof, who shall hold their offices 
for one year, and until others are chosen, and who 
shall be stockholders in said company, and citizens of 
this Commonwealth, at the time of their election ; 

Annual election whlch shall be ou thc sccoud Monday of March, in 
every year, at such time of the day, and place, in Bos- 
ton, as a majority of the Directors, for the time being, 
shall appoint ; notice of which election shall be given 
in two newspapers printed in Boston, at least ten days 
previous to the election ; which shall be made by writ- 
ten ballots, and by a majority of the votes of the stock- 
holders present, allowing one vote to each share in the 
capital stock: Provided, that no stockholder shall be 
allowed more than thirty votes; and absent stockhold- 
ers may vote by proxy. And if from any cause, the Di- 
re( tors shall not be chosen on the second Monday in 
March aforesaid, it shall be lawful to choose them on 



of officers. 



GEN. INTEREST ASSUR. Veh. 11, 1823. 157 

any other day, in manner herein provided. And it 
shall be the duty of the Secretary of said company, 
upon application in writiiii^, made by the proprietors 
of twenty per centum of the capital stock, to call a 
meetino- of the stockholders, by giving like notice 
thereof as is herein prescribed for the election of Di- 
rectors. 

Sec. 4. Be it farther enacted^ That the Directors, 
when chosen, shall meet as soon as may be, after eve- 
ry election, and shall choose out of their body one per- 
son to be President, who shall be sworn faithfully to choice of presi- 
discharge the duties of his office, and who shall pre- 
side for one year; and in case of death, resignation, 
or inability to serve, of the President, or any Director^, 
such vacancy or vacancies may be filled, for the re- 
mainder of the year, by the surviving and continuing 
Directors. 

Sec. 5. Be it further enacted, That the President, 
and two of the Directors, or three Directors, in the ab- 
sence of the President, shall be a Board competent to Roaid of oirect- 
the transaction of the business of the company; and""* 
all questions before them shall be decided by a major- 
ity of the Board; and they shall liave power to make 
such rules and by-laws as they may deem proper, for 
the management of the affairs, and security of the pro- 
perty of said company; and have power to appoint a Ruie? and uegu- 
Secretary, and such other officers as they may think *"°"'' 
expedient, and make such compensation as they may cieiks,iheii sai, 
deem adequate to the services performed: Provided,^''^^' 
that such rules and by-laws be not repugnant to the 
constitution and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That any two of the 
persons named in this act, are hereby authorized to 
call a first meeting of this company, for the purpose of 
organizing and putting the same into operation, by giv- 
ing notice in two newspapers printed in Boston, three 
days previous to the time of holding such first meeting: 
Provided, hoicever, that this charter shall be void, and 
of no effect, unless put into operation, agreeably to the conditions of 
terms of it, within one year from and after the passing 
of this act: Provided, also, that the said company pioviso. 
shall not take any risk, or subscribe any policy, by 
virtue of this act, until one moiety of the capital stock 
of said company shall have actually been paid in. 



158 N. E. MARINE INS. COMP. Feh. 11, 182^ 

Sec. 7. Be it further enacted, That the said insu- 
rance company shall be located and kept in the City 

Location, of Boston. 

Sec. 8. Be it further enacted, That the said com- 
pany shall never take, on any one risk or loan, on re- 
spondentia or bottomry, on any one bottom, at any one 
time, including the sum insured in any other way, on 
the same bottom, a sum exceeding ten per centum on 
the capital stock of said company actually paid in, 
agreeably to the provisions of this act. 

Sec. 9. Be it further enacted^ That the said Gener- 
al Interest Assurance Company shall be liable to be 
May be taxed, taxed by any general law providing for the taxation of 
all similar corporations. 

[Approved by the Governor, February 11th, 1823.] 



■Limitation of 
risksa 



CHAP. XCVI. 



An Act to continue in force the Acts incorporating the 
New England Marine Insurance Company. 

13 E i^ enacted hy the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same. That the act, entitled ^' an 
act to incorporate William Phillips, Junior, and oth- 
ers, by the name of the New England Marine Insu- 
rance Company," passed on the fifth day of March, 
in the year of our Lord one thousand eight hundred 
and three, and the act in addition thereto, passed on 
the sixth day of March, one thousand eight hundred 
and four, shall be, and remain in force for the term of 
Renewaiotciiar- twenty ycars, from and after the fifth day of March;, 
one thousand eight hundred and twenty three, with 
all the powers and privileges granted by ^* an act, en- 
titled an act to define the powers, duties and restric- 
tions of insurance companies," passed the sixteenth of 
February, in the year of our Lord one thousand eight 
hundred and eighteen: Provided, however p that said 



W. CAMBRIDGE FISHERY. Feb. 11, 1823. 159 

corporation shall be subject to all the duties and re- 
quirements prescribed and contained in the said act, 
entitled "an act to define the powers, duties and re- 
strictions of insurance companies ;" and that the said 
New England Insurance Company shall be liable to 
be taxed by any general law providing for the taxation May be taxe*, 
of all similar corporations. 

[Approved by the Governor, February 11th, 1823.] 



CHAP. XCVII. 

An Act relative to the Fishery in the Town of West 
Cambridge. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That an act, passed the 
twenty second day of February, in the year of our 
Lord one thousand eight hundred and twelve, entitled 
"an act to regulate the fishery in the Town of West Act repealed. 
Cambridge, and to empower said town to dispose of 
the privilege of taking the fish called shad and ale- 
waives, within the limits thereof,*' be, and the same is 
hereby repealed. 

[Approved by the Governor, February 11th, 1823.] 



CHAP. XCVIII. 

An Act to incorporate the Second Society of Unive'r- 
salists, in the Town of Cambridge, 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
th& authority of the same^ That Calvin Brooks, Wil- 



160 



CAMBRIDGE UNIVER. SOC. Feb. 11, 182^ 



Persons incorpo. liam Boglc, Gporge C. Carter, Frederick (^'ambridge, 
John Coles, Asa Davis, David Daley, Thomas Dit- 
son, Thomas Dowley, James Frost, Charles Gordon, 
Jesse Hall, Watson Hastings, Nathaniel Ireland, Jo- 
siah Johnson, Isaac Lyon, Joshua Lovell, William E. 
Marshall, James Niven, Levi Orcutt, Lyman Feck, 
Joseph Pulcifer, Clark Reed, Ezra Stone, Simeon 
Soiithvvick, Joshua Thorp, Samuel Whittemore, Ed- 
ward Wheeler, and Edward Walker, together with 
such others as already have, or may hereafter asso- 
ciate with them, and their successors, be, and they are 
hereby incorporated as a religious society, by the name 
of the Second Society of Universalists in the Town of 

Powei-^s and pii- Cambridge; with all the powers and privileges, to 
which other religious societies are entitled by the con- 
stitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the said society 
shall be capable in law to purchase, hold and dispose 

May hold real &of auy estate, real or personal, for the use of said soci- 

personal estate. "^ ' t i ^ i- ji pin 

ety; provided, the annual income thereot shall not ex- 
ceed, at any time, the value of three tliousand dollar^. 
Sec. 3. Be it further enacted. That the committee 
of the said society, chosen at any legal meeting there- 

Assessmems, of, shall havc power to raise, by assessment on each 
member of said society, such sum or sums of money as 
may be by them considered a proportionate part of the 
expenses of settling and maintaining such a Minister 
or Ministers of the gospel, as the said society may call 
and elect, and the contingent expenses of the society; 
and generally to provide, and do all other business for 
the said society, as tliey may think proper. 

Sec. 4. Be it further enacted. That any Justice of 
the Peace for the County of Middlesex, be, and he is 
hereby empowered, upon application therefor, to issue 
a warrant, directed to a member of the said Universal- 
ist Society, requiring him to notify and warn the mem- 

lustmeciing. bers thereof to meet at such convenient time and place, 
as shall be appointed in said warrant, to choose a Mo- 
derator, Treasurer, Clerk, and such other officers as 
they may think needful; and the said society, being 
duly organized, may then detej-mine and settle the 
manner of notifying and calling future meetings. 

[Approved by the Governor, February 11th, 1833.] 



MARINERS' INSUR. COMP. Feb. 11, 1823. 161 



CHAP. XCIX. 

An Act to incorporate the Mariners' Insurance 
Company, 

Sec. 1. I»E( it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Stephen Glover, Rus- persons incorpo-^ 
sell Glover, John Chandler, Junior, Henry Oxnard, '^*"' 
John Bussey, Henry Prince, Junior, Atkins Adams, 
Abel Coffin, Henry Bancroft, Philip Fox, James Per- 
cival, Tilden Crooker, Winslow Lewis, Charles Tra- 
cy, Richard Urann, and George G. Jones, with their 
associates, successors and assigns, be, and they hereby 
are incorporated into a company, and body politic, by 
the name of the Mariners' Insurance Company; with 
all the powers and privileges granted to insurance General powers, 
companies, and sulvject to all the restrictions, duties "i'*"'^'"^"*'' 
and obligations, contained in a law of this Common- 
wealth, entitled ^'au act to define the powers, duties 
and restrictions, of insurance companies," passed on 
the sixteenth day of February, in the year of our Lord 
one thousand eight hundred and eighteen, and in a 
law of this Commonwealth, entitled "an act authori- 
zing the several insurance companies in this Com- 
monwealth to insure against fire;" passed on the 
twenty first day of February, in the year of our 
Lord one thousand eight hundred and twenty, for 
and during the term of twenty years, after the pass- Limitation of 
ing of this act; and by that name may sue and be' *""* 
sued, plead and be impleaded, appear, prosecute and 
defend to final judgment and execution; and may have 
a common seal, which they may alter at pleasure; 
and may purchase, hold and convey any estate, real 
or personal, for the use of said company: Provided^ 
the said real estate shall not exceed the value of 
thirty thousand dollars, excepting such as may be ta- 
ken for debt, or held as collateral security for monies 
due to said company. 

Sec. 2. Be it further enacted, That the capital capital stocH. 
stock of said company shall be three hundred thou- 



162 MARINERS' INSUR. COMP. Feb. 11, 1823. 

sand dollars, and shall be divided into shares of one 
hundred dollars each, fifty per centum of which shall 
be paid, in money, within ninety days after the first 
meeting of the said company, and the residue, in 
money, in two equal instalments, one payable in six 
months, and the other in one year from the time of 
such first meeting, under such penalties as the Presi- 
dent and IJirectors shall, in their discretion, direct 
and appoint. And the said capital stock shall not be 
sold or transferred, but shall be holden by the origi- 
nal subscribers thereto, for and during the term of one 
year, after the said company shall go into operation. 
Sec. 3. Be it further enacted, That the stock, pro- 
perty, affairs and concerns of said company, shall be 

Directors, managed and conducted by nine Directors, one of 
whom shall be President tliereof, who shall hold their 
offices for one year, and until others are chosen, and 
no longer, and who shall, at the time of tlieir election, 
be stockholders in said company, and citizens of this 
Commonwealth, and shall be elected on the second 
Monday of March, in each and every year, at such 

Annual Meeting, time of the day, and in such place in the City of Bos- 
ton, as a majority of the Directors, for the time being, 
shall appoint; of which election, public notice shall 
be given by publication in two newspapers, printed in 

Public Notice, the City of Bostou, ten days at least, previous to such 
meeting; and the election shall be made by ballot, by 
a majority of the votes of the stockholders present, 
allowing one vote to each share in the capital stock : 
Provided, that no stockholder shall be allowed more 

Votes, than ten votes ; and absent stockholders may vote by 

proxy, under such regulations as the said company 
shall prescribe. And if, through any unavoidable ac- 
cident, the said Directors shall not be chosen on the 
second Monday in March, as aforesaid, it shall be 
lawful to choose them on any other day, in the man- 
ner herein provided. And it shall be the duty of 
the Secretary of said company, at any time, upon ap- 
plication, in writing, of the proprietors of twenty per 
centum of the capital stock, to call a meeting of the 

Meetings of the stockhoUlers, to be holden at such time and place, in 
the City of J5oston, as they shall direct, for the pur- 
poses mentioned in such application, by giving like 



MARINERS' INHUR. COMP. Feb. 11, 1823. 163 

notice thereof, as is herein required for the election of 
Directors. 

Sec. 4. Be it further enacted, That the Directors, 
when chosen, shall meet so soon as may be, after 
every election, and sliall choose ont of their body, 
one person to be President, who shall be sworn or ciio.cc of Piesi- 
affirmed, to the faithful discharaje of the duties of his 
office, and who shall preside for one year. And in 
case of the death, resipiation, or inability to serve, of 
the President or any Directors, such vacancy or va- 
cancies shall be filled for the remainder of the year in 
which they happen, by a special election for that pur- 
pose, to be held in the same manner as herein before 
directed, respecting annual elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and four of the Directors, or five of them in his ab- 
sence, shall be a Board competent for the transaction I 
of business, and all questions before them, shall be 
decided by a majority of votes ; and they shall have 
power to make and prescribe such by-laws, rules and By-Laws, &c, 
regulations, as to them shall appear needful and pro- 
per, touching the management and disposition of the 
stock, property, estate and effects of the said company, 
and the transfer of the shares; and touching the du- 
ties and conduct of the Officers, Clerks and Servants 
employed, and the election of Directors, and all such 
matters as appertain to the business of insurance; and 
also shall have power to appoint a Secretary, and so officers to be av- 
many Clerks and Servants, for carrying on the said *""""^''* 
business, and with such salaries and allowances to 
them and to the President, as to the said Board shall 
seem meet: Provided, such by-laws and regulations 
shall not be repugnant to the constitution and laws of 
this Commonwealth. 

Sec. 6. Be it further enacted, That any two or 
more of the persons named in this act, are hereby au- 
thorized to call a meeting of the said company, by First Meeting. 
advertising the same in two newspapers printed in the 
City of Boston, ten days prior to the day of such meet- 
ing, for the purpose of electing the first Board of Di- 
rectors, who shall continue in office until the second 
Monday of March, in the year one thousand eight hun- 
dred and twenty four, and until others shall be chosen 
22 



161 BOSTON ANU SALEM INS. CO. Feb. ii,iS2^. 

in tlieir stead: Piwvided; however, that this charter 
shall be void and of no efi'ect, unless put into ope- 
conditions of ratlon, agreeably to the terms of it, within one year 
from and after the passing of this act: Provided also, 
that the said company sliall not take any risk, or 
subscribe any policy, by virtue of tijis act, until one 
moiety of the capital stock of said company shall have 
actually' been paid in. 

Sf:c. 7. Be it further enacted, That the said com- 
pany shall never take on any one risk or loan, on re- 
3 imitation of spondentia or bottomry, on any one bottom at one 
time, including the sum insured, in any other way on 
the same bottom, a sum exceeding ten per centum on 
the capital stock of said company, actually paid in, 
agreeably to the provisions of this act. 

Sec. 8. Be it further enacted, That the said Mar- 
May be taxed, iners' Insurance Company shall be liable to be taxed 
by any general law providing for the taxation of all 
similar corporations. 

Sec. 9. Be it further enacted. That the said insu- 
i.ocation. ranee company shall be located and kept in the Oity 
of Boston. 

[xVpproved by the Governor, February 11th, i823.] 



Kisks. 



CHAP. C. 

An Act to incorporate the Boston and Salem Insurance 
Company. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Peter P. F. Degrand, 
pu-John Pedrick, the Tiiird, Jeremiah Briggs, Willard 
lated. Peele, John Bumstead, and Elisha Copeland, Junior, 

with their associates, successors and assigns, be, and 
they are hereby incorporated into a company and body 
politic, by tiie name of the Boston and Salem Insur- 
ance Company; with all the powers and privileges, 
granted to insurance companies, and subject to all the 



Persons Incoi' 



BOSTON AND SALEM INS. CO. Feb. ii,i82S. 165 

restrictions, duties and oblisjations, contained in a law 

of this Conimonuealtli, entitled '"an act to define the 

powers, duties and restrictions, of insurance compa-Pn\ve.sandiia 

iiies," passed on tiie sixteenlh day of February, in the'"'""'' 

year of our Lord one thousand eight hundred and 

eighteen, and in a law of this Commonwealth, entitled 

^'an act authorizing the several insurance companies 

in this Comuionwcaltli, to insure against fire," passed 

on the twenty first of February, in the year of our 

Lord one thousand eight hundred and twenty, for and 

during the term of twenty years, after the passing of 

this act; and by that name may sue and be sued, Limitation ot 

plead and be impleaded, appear, prosecute and de-*^"'"' 

fend to final judgment an<l execution; and may liave a 

common seal, which they may alter at pleasure; and 

may purchase, hold, and convey any estate, real or 

personal, for the use of said company; provided, the May hold .eai & 

• 1 1 , 1 11 I 1 ji 1 f 1 J personal estate. 

said real estate shall not exceed the value ot twenty 
thousand dollars, excepting such as may be taken for 
debt, or held for collateral security for money due to 
said company. 

Sec. 2. Be it further enacted, That the capital 
stock of said company shall be three hundred thou- 
sand dollars, and shall be divided into shares of onecapiiaistn.k. 
hundred dollars each, fifty per centum of which shall 
be paid, in money, within ninety days after the first 
meeting of the said company, and the residue, in mo- 
ney, twenty five per centum in one year after the said 
first meeting. And the said capital stock shall not be 
sold or transferred, but shall he holden by the origi- 
nal suhscrihers thereto, for and during the term of one 
year, after the said company shall go into operation: 
Provided, however, that the said company shall not 
take any risk, or subscribe any policy^ by virtue of proviso, 
this act, until one moiety of the capital stock of said 
company shall have been actually paid. 

Sec. 3. Be it further enacted, That the stock, pro- 
perty, affairs and concerns of the said company, shall 
be managed and conducted by thirteen Directors, one 
of whom shall be President thereof, who shall hold Nuniberoi-ui- 
their offices for one year, and until others are chosen, 
and no longer, and who shall, at the time of their 
election, be stockholders in said company, and citi- 
zens of this Commonwealth, and shall be elected on 



vectors. 



166 



BOSTON AND SALEM INS. CO. Feb. 11, 1823. 



the second Monday of Marcli in each and every year, 
at such time of the day, and in such place, in Boston, 

Annual election as a majority of the Directors, for the time being, shall 
appoint; of which election, public notice shall be giv- 
en by publication in two newspapers printed in Boston 
and two in Salem, ten days at least, previous to such 
meeting; and the election shall be made by ballot, by 
a majority of the votes of the stockholders present^ al- 
lowing one vote to each share in the capital stock : 
Provided, that no stockholder shall be allowed more 
than ten votes; and absent stockholders may vote by 
proxy, under such regulations as tlie said company 

Votes. shall prescribe. And if, through any unavoidable ac- 

cident, the said Directors should not be chosen on the 
second Monday of March, as aforesaid, it shall be 
lawful to choose them on any other day, in the man- 
ner herein provided. And it shall be the duty of the 
Secretary of said company, at any time, upon appli- 
cation, in writing, of the proprietors of twenty per 
centum of the capital stock, to call a meeting of the 
stockholders, to be holden at such time and place, in 
the City of Boston, as they shall direct, for the pur- 
poses mentioned in such application, by giving like 
notice thereof, as is herein required for the election 
of Directors. 

Sec. 4. Be it f mother enacted, Tliat the Directors, 
when chosen, shall meet as soon as may be, after eve- 
ry election, and shall choose out of their body, one 
person to be President, who shall be sworn, or affirm- 
ed, to the faithful discharge of the duties of his office, 
and who shall preside for one year. And in case of 
the death, resignation, or inability to serve, of the 
President, or any Directors, such vacancy or vacan- 
cies shall or may be filled for the remainder of the 
year in which they happen, by a special election for 
that purpose, to be held in the same manner as herein 
before directed, respecting annual elections of Direc- 
tors. 

Sec. 5. Be it further enacted, That the President 
and three of the Directors, or four of the Directors, 
in the absence of the President, shall be a Board 

Hoard of Direct- compctent to the transaction of business; and all ques- 
tions before them, sliall be decided by a majority 
of votes; and they shall have power to make and 



Meetings. 



Choice of Presi' 
d^t. 



BOSTON AND SALEM INS. CO. Feb. 11, 1823. 167 

prescribe such by-laws, rules and regulations, as to 

them sliall appear needful and proper, touching the 

management and disposition of the stock, property. Rules ana nopn 

estate and effects of the said company, and the ''"°" ' 

transfer of the shares, and touching the duties and 

conduct of the several Officers, Clerks and Servants 

empk>yed, and the election of the Directors, and all 

such matters as appertain to the business of insurance ; 

and shall also have power to appoint a Secretary, 

and so many Clerks and Servants for carrying on-cieiks.theii sai- 

the said business, and with such salaries and allow- """^^ 

ances to them and to the President, as to the said 

Board shall seem meet: Provided, such by-laws and 

regulations shall not be repugnant to the constitution 

and laws of this Commonwealth. 

Sec. 6. Be it further enacted. That any two or 
more of the persons named in this act, are hereby 
authorized to call a meeting of said company, by ad- First Meeting. 
vertising the same, for two successive weeks, in two 
of the newspapers printed in Boston and two in Sa- 
lem, for the purpose of electing their first Board of 
Directors, who shall continue in office till the second 
Monday of March, in the year of our Lord then next 
ensuing, and until others shall be chosen in their 
stead: Provided, however, that this charter shall be conditions of •* 
void, and of no effect, unless put into operation agree- 
ably to the terms of it, within one year from and after 
the passing of this act. 

Sec. 7. Be it further enacted, That the said com- 
pany shall never take on any one risk or loan, on re- Limitation ot 
spondentia or bottomry, on any one bottom at one"'"' 
time, including the sum insured, in any other way on 
the same bottom, a sum exceeding ten per centum on 
the capital stock of said company, actually paid in, 
agreeably to the provisions of this act. 

Sec. 8. Be it farther enacted, Th?it the said insu- 
rance company shall be located and kept in the City Location. 
of Boston. 

Sec. 9. Be it further enacted. That the said Bos- 
ton and Salem Insurance Company shall be liable to 
be taxed by any general law providing for the taxa- Maybe taxed. 
tion of all similar corporations. 

[Approved by the Grovernor, February 11th, 1823.] 



168 INSPEC. OF GUNPOWDER. Feb. 11, 1823. 



CHAP. CI. 

An Act regulating the Inspection of Gunpowder, within 
this Commonwealth. 

Sec. 1. DK it enacted by the Senate and House of 
Jlepresentatives, in General Court assembled, and by 
the authority of the same. That His Excellency the 
Governor be, and he is hereby authorized, by and 
with the advice of Council, to appoint some suitable 
Inspectors to be pcrsou au luspcctor of gunpowder, in every town and 
appointed. j)]ace withlu this Commonwealth, where there is a 
public magazine or powder manufactory, and in such 
other places as he may think necessary; such Inspec- 
tor to hold his office at the pleasure of the Governor 
and Council, and before he enters on the duties there- 
Bonds; of, to give bond, with sufficient sureties, to the Trea- 
surer of the Commonwealth, in the penal sum of one 
thousand dollars, for the faithful discharge of his du- 
ty, and to be under oath faithfully to perform the 
same. And His Excellency the Governor is hereby 
authorized, with the advice of Council, to establish 
some suitable, and as far as may be, accurate mode of 
testing the strength, purity, and other important qual- 
ities of gunpowder, and the same to prescribe to the 
Inspectors so appointed, with such alterations and im- 
provements, from time to time, as may be usefully 
adopted in the inspection thereof. 

Sec. 2. Be it further enacted, That all gunpowder 

manufactured in this Commonwealth, shall be put into 

good tight kegs or casks, of twenty five, fifty, or one 

hundred pounds net weight, each of which shall be 

Kegs to be made made of scasoued white, grey, yellow, or black oak, 

o seasoue oa . ^^^ ^^j^ ^^^ chesuut timber, and bound together by at 

least ten hoops, the chine to be fastened with pegs, 
and the head shall be planed smooth, and have a hole 
bored in each, of the diameter at least of one third 
part of an inch, well stopped with corks, that the con- 
tents thereof may be conveniently inspected. 

Sec. 3. Be it further enacted^ That it shall be the 
duty of the Inspectors, or some one of them; to inspect 



INSPEC. OF GUNPOWDER. Feh. 11, 1823. 169 

all gunpowder which shall be manufactured in this 
Commonwealth, or which shall be brought into the 
same by land, and all which sliall be brought into the 
same by water and landed, and all which shall be ex- 
ported from this Commonwealth, to see that the same 
is well manufactured and composed of proper mate- 
rials, and that the casks in which it is contained, are 
such as are required by this act. And all gunpowder 
of a merchantable equality shall be divided into two 
general classes, and every cask containing such pow- 
der as shall appear to be manufactured in the best 
manner, properly composed of the purest materials, 
and which possesses the greatest strength and density, 
shall be marked in black paint, by the inspecting offi- casks shaiiu 
cer, Mass. JS*o. 1 ; and that which shall be of inferior ""*' 
strength and free from damage, but which shall not 
appear to be made of as pure materials, nor so well 
manufactured, and the quality of which shall not be so 
durable as the former, shall be marked in black paint, 
by the inspecting officer, Mass. JVo. 2; and all other 
powder shall be marked in black paint, with the word 
Condemned, on both heads of the cask, and on the 
sides thereof; and the inspecting officer shall pour into 
each and every cask of condemned gunpowder one 
pint of clean water for every twenty five pounds of 
powder contained therein ; and the inspecting officer 
shall also mark in black paint, in plain letters and 
figures, on one liead of every cask of powder by him 
so inspected, the initials of his christian name with his 
surname at large, and the word Inspector, and the 
year and month in which the inspection is made, and 
the quantity of powder contained therein ; antl on the 
other head of the cask shall be marked, previously to Manufacturers 
the inspection, the name of the manufacturer of the "asks, previous 

1 to inspection. 

powder. 

Sec. 4. Be it further enacted, That if upon inspect- 
ing any cask of gunpowder, suspicion should arise that 
the same does not contain its proper quantity of gun- powdertobe 
powder, the Inspector shall cause the same to befralfd'iss'ulp'm- 
emptied, and the powder to be weighed, to ascertain^ ' 
the deficiency, if any, and if the same be deficient, to 
be filled to its due weight out of any other cask be- 
longing to the same person. 



170 INSPEC. OF GUNPOWDER. Feb. 11, 1823. 

Sec. 5. Be it further enacted, That the Inspector 
shall be paid by the owner or owners of the gunpow- 
der, whether the same be approved or condemned, for 
inspecting and marking as directed by this act, at the 
Inductors ftes, rate of four cents for every twenty five pounds of pow- 
der so inspected and marked ; and for every cask which 
he shall find deficient in weight, and shall fill up, fifty 
cents in addition to the fee for inspecting and marking; 
and all expenses of cooperage, necessary to put the 
casks in the condition required by this act, shall be 
borne by the owner or owners of the powder. And it 
shall be the duty of the Inspector, annually, in the 
Ketan.stobe moutli of Jauuary, to make return to the Governor 
and Council. °'^' aud CouHcil, of all the gunpowder which has been in- 
spected by him during the past year. 

Sec. 6. Be it further enacted, That the keeper of 
every public powder magazine, and other public place 
Inspectors to be of dcposit of powder, shall at all seasonable times in 
ma'gM[nes"&c. cvery day in the year, the Sabbath only excepted, ad- 
mit any such Inspector and his assistants into the said 
magazine or other place of deposit, to do and perform 
the several duties required of him under the provisions 
of this act. 

Sec. 7. Be it further enacted, That if any person 
shall knowingly sell any condemned gunpowder, for 
good gunpowder, or shall fraudulently alter or deface 
any mark or marks placed by any Inspector upon any 
cask or casks containing gunpowder, or shall fraudu- 
lently put any gunpowder which shall not have been 
inspected in this Commonwealth, or which, having 
been inspected, has been marked of a lower number 
than the cask into which it is put, or which has been 
condemned, into any cask or casks which shall have 
been marked and numbered by any Inspector, agreea- 
bly to the provisions of this act, or shall change any 
powder from any cask or casks marked with the name 
of one manufacturer into any cask or casks marked 
with the name of another manufacturer, every such 
Foiftitures. person so oftcnding, shall forfeit and pay not less than 
fifty dollars, nor more than five hundred dollars, for 
each and every sucli ofl'ence, to be recovered in an 
action on the case, in any court of competent jurisdic- 
tion, one half to the use of the Commonwealth^ the 



INSPEC. OF GUNPOWDER. Feb. 11, 1823. 171 

other half to tlie use of him or them who shall sue and 
prosecute for the same. 

Skc. 8. Jje it further enacted, l^hat if any Inspector 
sliall mark any cask, the contents of which he has not 
inspected, according; to the true meaning and intent of 
this act, or if he shall permit any other person or per- 
sons to use his marks, in violation or evasion thereof, 
such Inspector so oflending, shall forfeit and pay, for 
every cask so marked, the sum of twenty dollars, to 
be recovered in tlie manner and to the uses provided in 
the seventh section of this act, and I)e moreover remo- 
ved from office. And if any person or persons know- 
ingly shall sell or dispose of, or shall cause or permit Powder not to be 

jl II ■• If in 1 sold ov expoi-ted, 

to be sold or aisposeu oi, or sliall export or cause wiiiiu has not 
to be exported without the limits of this Common- andViSed^ 
wealth, any gunpowder, before the same has been in- 
spected and marked agreeably to the provisions of this 
act, he shall forfeit and pay the sum of fifty cents for 
every pound of powder so sold, disposed of, or export- 
ed, to be recovered in the manner and to the uses afore- 
said. 

Sec. 9. Be it further enacted, That if any person 
appointed to the office of Inspector, under the provi- 
sions of this act, shall, during the time of holding or 
exercising the said office, be concerned directly or indi- inspectors not to 
rectly in manufacturing gunpowder, he shall forfeit nmnufactuans" 
and pay the sum of one thousand dollars for every ^'"' "' 
such offence, to be recovered in the manner provided 
in the seventh section of this act. 

Sec. 10. Be it further enacted, That this act shall 
take effect and be in force from and after the first day 
of April next; and that all laws heretofore made re- 
specting the inspection of gunpowder in this Common- Former acts re- 
wealth, be, and the same are hereby, from and af ter ^''^'*' ° 
that time, repealed: Provided, hoivever, that nothing Proviso, 
herein contained shall be construed to defeat the right 
of any person or persons to any penalty or forfeiture, 
that may then have accrued for the breach of any of 
the provisions of the acts repealed as aforesaid. 

[Approved by the Governor. February 11th. 1823.] 
23 



172 



TRAINING THE MILITIA. 



Feb. 11, 1823o 



CHAP. CII. 

An Act in further addition to an Act, entitled "An 
Act for regulating, governing, and training the Mi- 
litia of this Commonwealth." 



Commaiiders to 
parade the'r 
companies once 
a year by their 
own order. 



Proviso. 



OfReers to be 
drilled. 



Sec. 1. OE it enacted hy the Senate and House of 
llejjresentatives, in General CoiiH assembled, and by 
the authority of the same, That the Commanders of the 
several companies of the militia of this Commonwealth 
be authorized, and it is hereby made their duty, to 
parade tlieir respective companies, by their own order, 
on one day in the year, for company discipline, and 
no oftener, in addition to the company inspection in 
May, and the brigade, regimental, or battalion reviews 
as now established by law: Provided, that nothing 
lierein contained, shall be construed so as to prevent 
any company from meeting, for the purpose of drill, 
funeral service, escort, or other voluntary service. 

Sec. 2. Be it further enacted, That it shall be the 
duty of each Colonel or Commanding Officer of each 
regiment and separate battalion, to appoint one day in 
each year, for drilling the officers, non-commissioned 
officers, and musicians belonging to the same. And 
such Colonel or Commanding Officer, shall notify the 
field and commissioned, and non-commissioned stall" 
officers of the same, and the captains and command- 
ing officers of each company, under his command : 
And such Commanding Officer shall notify their re- 
spective subalterns and non commissioned officers and 
musicians, of the time and place appointed for the 
meeting aforesaid, at least ten days before the time 
appointed for such meeting: And it shall be the duty 
of the Colonel or Commanding Officer of such regiment 
or separate battalion, either by himself, or such other 
officer or officers, belonging to the same, as he shall 
appoint, to instruct the officers, non-commissioned offi- 
cers and musicians aforesaid, in the practice of their 
several duties, according to the system prescrihed by 
the laws of the United States. And any non-commis- 
sioned officer or musician who shall neglect or refuse 
to attend the officers' drill aforesaid, and who shall 



TRAINING THE MILITIA. Feb. i\, 1823. 173 

not furnish the Colonel or Commanding Officer afore- 
said, with a sufficient excuse therefor, or who sliall be 
guilty of disobedience of orders, while on duty, shall 
forfeit and pay two dollars, to be sued for and recov- 
ered by tJie Adjutant of the regiment, in the same ForfcHnres for 
manner as is provided in and by the thirty fifth section "'^''''''"'^^'^"*^' 
of the act to which this isjn addition, for the recovery 
of fines and forfeitures, by clerks of companies, to be 
applied by him towards defraying the expenses of the 
meeting aforesaid. 

Sec. 3. Be it further enacted^ That no person shall 
be exempted from military duty by reason of his ha- 
ving been appointed a Justice of the Peace, and noiusticc, of the 

d'l- 11 ili* 'I'l 11 Peace not to be 

itionally exempted from military duty, exempted. 

shall hereafter be liable to the payment of two dollars 

into the town treasury, as required by the laws now in 

force, after he shall have arrived at the age of forty 

years. 

Sec. 4. Be it further enacted, That the Governor 
and Council be, and they are hereby authorized, in 
organizing and arranging the militia, whenever they companies of ca- 
shall think it expedient, to annex the several companies ieiy^may'he%n- 
of cavalry and artillery to the regiments of infantry. "a'imV. ° 

Sec. 5. Be it further enacted, That the Commander 
in Chief, and the Major Generals and Commanding 
Officers of divisions be, and they are hereby authoriz- 
ed to order any number of officers, being not less thancoum MaiUai, 
three, nor more than four, to be detailed as members n^zcr ''°'^''' 
of any General or Division Courts Martial; and such 
number of members, detailed as aforesaid, being not 
less than three, who shall be present at the time and 
place fixed for organizing said court, shall, together 
with the President, Judge Advocate, and Marshal, as 
heretofore provided, constitute said court; and if the 
person appointed as President thereof siiall not be 
present, the officer highest in rank present, shall be 
President of said court; and in case of the absence 
either of the Judge Advocate or Officer who is ap- 
pointed Marshal of said court, then the President 
shall appoint some suitable person or persons to be 
Judge Advocate or Marshal thereof. And if by rea- 
son of absence, challenge, or other cause, the num- 
ber of members of any Court Martial qualified to act, ' 



174 TRAINING THE MILITIA. Feb. 11, 1823. 

sliJill be less than three, it sJiall be the duty of the 
President to notify the Majnr Greneral or Comnianding 
Officer of the division in wliich the court is ordered to 
sit, of the fact, and the said Major General or Com- 
manding OiTicer of the division, shall forthwith detail 
from his division, one or more officers of the rank of 
those whose places are to be supplied, and the officers 
so detailed, shall be returned as members of such 
court; but no person shall be so detailed of a liigher 
rank than the officer acting as President thereof: Pro- 
Pioviso. vided, however, that no olficer above the rank of Colo- 

uel shall hereafter be appointed President of a Division 
Court Martial: and provided, ulso, that there shall be 
but one General and one Division Court Martial in any 
division during any one year, and that the same shall 
be appointed to be holden between the first day of De- 
cember and the last day of March. And all the offi- 
cers composing Courts Martial, Courts of Inquiry, and 
Military Boards and Marshals, shall be entitled to 
compensati.m to receive the sum of two dollars for each and every day 
c^Jl'sTiartiai. whlle servlug on Courts Martial, Courts of Inquiry, 
and Military Boards, and five cents for each and every 
mile they shall necessarily travel, in going to and re- 
turning home, from the place of sitting of said Courts: 
Pvoriso. Provided, however, tliat Judge Advocates, while em- 

ployed on Courts Martial, Courts of Inquiry, or Mili- 
tary Boards, shall be entitled to receive four dollars 
per day, while so employed, and the same allowance 
for travel as other officers of said courts are entitled to 
receive; which ailowauce shall be in fnll compensation 
for the time necessarily employed in preparing papers 
made requisite previous to, and making the necessary 
copies after any trial, inquiry, or investigation: Pro- 
vided, further, that Presidents of Courts Martial, 
Courts of Inquiry, aud Military Boards, shall be en- 
titled to receive three dollars per day, while employed 
on said courts. 

Sec. 6. Be it farther enacted, That all pay rolls of 

Roih of Courts Courts Martial, and all military accounts whatsoever, 

uTu^m\uvd\o excepting such as relate to the Quarter Master Gener- 

vaKs'^offi^r''' aVs Department, shall be transmitted to the Adjutant 

General, to be examined and certified by him, before 

the same shall be presented to the Committee on Ac- 



TRAINING THE MILITIA. Feb. 11, 1823. 175 

counts, for allowance; and all sums which shall be 
allowed on the same, shall be paid to the person or 
persons, to wliom the same shall he due, or to their 
order, at the treasury of this Commonwealth. 

8ec. 7. Bp it further enacted^ That it shall be the 
duty of each Town and City Treasurer, to keep a se- 
parate and distinct account of the money which shall Accounts to be 
be paid by conditional exempts; and the Selectmen ofpald by"oTdi^ 
the seve)"al towns, and the Mayor and Aldermen of"""'' exempts. 
the City of Boston, are hereby required to appi'opriate 
the money which has been, or hereafter shall be paid 
by the conditional exempts, for the purchase of such ar- Appropriation 
tides of uniform and military equipments as now are, by 'Mntoionat 
or shall be required by the Commander in Chief, to be^"*^""^''" 
provided, in conformity with an act, passed the twen- 
ty first day of February, in the year of our Lord one 
thousand eight hundred and twenty two, entitled ^<an 
act in further addition to an act, entitled an act for re- 
gulating, governing, and training the militia of this 
Commonwealth ;" to the use of the several companies 
in such town or city, in proportion to the number of 
active privates who shall be borne on their respective 
rolls, on the first Tuesday of May, in each year. And 
any Board of Selectmen, or Mayor and Aldermen, 
who shall neglect or refuse to comply with the provi- 
sions of this act, shall forfeit and pay the sum of fifty Forfeitures. 
dollars for every such neglect and refusal, to be re- 
covered in an action on the case, in any court of com- 
petent jurisdiction ; which sum shall be appropriated 
to the use of the company to w hich the person prose- 
cuting, may belong, to be applied to the purchase of 
such articles as the exempt fund is applied to. 

Sec. 8. Be it further ejiacted. That any act, or 
part of any act, which is inconsistent with, or repug- 
nant to the provisions of tliis act, be, and the same is 
hereby repealed. 

[Approved by the Crovernor, February 11th, 1823.] 



marked. 



176 MARKING VESSELS. Feh. 11, 1823. 



CHAP, cm 

An Act rlsspecting Sloops and Vessels employed in 
transporting Stone, Sand, and Gravel, within this 
Commonwealth. 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the first 
day of June next, every sloop or vessel employed in 
transporting stone, sand, or gravel, within this Coni- 

vesseis shall be monvvealth, shall be marked with stationary marks on 
the stem and stern posts, nearly level with the bend 
of said sloop or vessel, with bar iron, not less than 
six inches in length, and two and one half inches in 
breadth, with two good and sufficient iron bolts, to be 
driven through said stem and stern post, and riveted 
into the aforesaid iron, from which all other marks 
shall take their distance, in feet, inches, and parts of 
inches, as the distance may require, from the lower 
edge of the said stationary marks, to the lower edge 
of the other marks; which marks shall be as follows, 
viz.: — Light water marks, not less than four inches in 
length, and one and one half inch in breadth; and 
that every four tons above said light water marks, le- 
gibly cut, or cast in figures, of 4, 8, 12, 16, 20, &c., 
up to the full weight of said sloop or vessel; said fig- 
ures shall express the weight said sloop or vessel is 
capable of carrying, when the lower part of the re- 
spective numbers shall touch the water; all of which 
marks shall be of good and sufficient lead, fastened 
on the stem and stern posts of each sloop or vessel, 
with sufficient nails, not less than one inch in length. 
Sec. 2. Be it further enacted, That it shall be the 
duty of the Selectmen of every town in this Common- 
wealth, or the Mayor and Aldermen of any city, where 
sucli sloops or vessels are or may be employed as afore- 
said, at such time in March or April, of every year, to 

Weighers to be appoiut ouc or morc suitable persons as Weigher, or 
AVeighers, of vessels, who shall be sworn to the faith- 
ful performance of the duties of his or their office. 



appointed. 



MARKING VESSELS. Fei, H, 1823. 177 

Sec. 3. Be it further enacted, That it shall be the 
duty of the Weigher or Weighers, as aforesaid, to weighers' dmy. 
furnish all marks and nails, when applied to for that 
purpose; to see that all sloops or vessels are weighed 
and marked, agreeably to this act; to keep a correct 
account of the distance of each mark below the sta- 
tionary marks, in feet, inches, and parts of inches, in / 
a book to be kept for that purpose, and to give a cer- 
tificate of the same to the master of said sloop or ves- certificates to be 
sel; which certificate shall express the distance as^"^^"" 
aforesaid: And it shall be the further duty of said 
Weigher or Weighers, to see that all persons employ- 
ed on board of said sloop or vessels, at the time of 
marking, are stationed between the bulk-head and the 
fore-chains of said sloops or vessels. 

Sec. 4. Be it further enacted, That every person 
employed, or whose duty it is or may be to take the 
tonnage of said sloops or vessels, is hereby authorized 
to deduct one ton for every inch the light water marks Daiuction, 
may be under water, after said sloops or vessels shall 
have discharged their cargo. 

Sec. 5. Be it further enacted, That every person 
who may be on board of any sloop or vessel employed 
as aforesaid, who shall not keep within the bounds of 
the aforesaid bulk-head and fore-chains of such sloop 
or vessel, at the time of taking her marks, or when any 
Weigher or Weighers shall be employed in weighing 
or marking as aforesaid, (unless in case of absolute ne- 
cessity) shall forfeit and pay a sum not less than five 
dollars, nor more than twenty dollars, for each and 
every offence; and every owner or master of any sloop 
or vessel employed as aforesaid, who shall neglect to Forfeitm^s.. 
have his sloop or vessel weighed, marked and examin- 
ed agreeably to the provisions of this act, or who shall 
remove any mark or marks, or alter his certificate, 
shall, on conviction thereof, forfeit and pay a sum not 
less than fifty dollars, nor more than three hundred 
dollars, for each and every offence ; and every Weigh- 
er or Weighers as aforesaid, who shall be guilty of 
placing any mark as aforesaid, contrary to the provi- 
sions of this act, or who shall give a false certificate^ 
shall forfeit and pay, on conviction thereof, a sum not 
less than fifty dollars, nor more than three hundred 



178 



MARKING VESSELS. 



Feb. 11, 1823. 



dollars, for each and every offence. The above for- 
feitures to be recovered in an action of debt before any 
court proper to try the same, one moiety thereof to the 
use of the person complaining, the other moiety to the 
use of the Commonwealth. 

Sec. 6. Be it further enacted^ That any Weigher of 
vessels, chosen and qualified as aforesaid, shall re- 
ceive from the owner or master of every sloop or vessel 
Weighers' lees, he may weigh and mark, twenty cents for each and 
every ton he may weigh for said sloop or vessel, and 
four dollars for the furnishing all marks, nails, &c. 
and fastenting the same, as is provided in this act, and 
furnishing the certificate; which sums shall be in full 
for his or their services. 

Sec. 6. Be it further enacted^ That every sloop or 
vessel employed as aforesaid, shall have their marks 
Markstoesam- cxamiued in the month of June in each year, by some 
sworn Weigher, whose duty it shall be to examine all 
the marks on said sloops or vessels, and see if said 
marks agree with the former certificate, and if so, to 
certify the same; and in case said certificate and marks 
should not agree, then the said Weigher shall keep 
the same in his possession, that the master or owner 
may be dealt with according to the provisions of this 
act. And the said Weigher or Weighers as afore- 
said shall receive from the owner or master thereof, 
for his services, the sum of one dollar and fifty cents ; 
and whenever it may be ascertained that any sloop or 
vessel's marks and certificates do not agree, the said 
sloop or vessel shall be weighed again. 

Sec. 8. Be it further enacted^ That all laws here- 
tofore made, inconsistent with this act, be, and the 
same are hereby repealed. 

[Approved by the Grovernor, February 11th, 1823.] 



ined in June. 



JBLECTIONS, VOTERS, &c. Feb, 11, 1823. 179 



CHAP. CIV. 

An Act regulating Elections, and declaring the quali- 
fications of Voters in Town Affairs. 

Sec. 1. Be zY enactfd by tJie Se7iate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That every male citizen of 
twenty one years of age and upwards, (excepting pau- 
pers and persons under guardianship,) who shall have 
resided within the Commonwealth one year, and with- 
in tlie town or district in which he may claim a right 
to vote, six calendar months, next preceding any elec- Qualification of 
tion of any Town or District, County or State Officers, 
or any Representative to C'ongress, and who shall have 
paid, by himself, or his parent, master, or guardian, 
any state or county tax, which shall, within two years 
next preceding such election, have been assessed upon 
him, in any town or district of this Commonwealth, 
and also every citizen who shall be by law exempted 
from taxation, and who shall, in all other respects, be 
qualified as above mentioned, shall have a right to 
vote in all such elections ; and no other person shall 
be entitled to vote in such elections. 

Sec. 2. Be it further enacted, That from and after 
the passing of this act, it shall be the duty of the seve- 
ral Collectors of state or county taxes, in the several 
towns or districts within this Commonwealth, to keep 
an accurate and true account of every person's name, 
from whom they shall have received payment of a 
state or county tax, and of the time of such payment, , 
and, upon request therefor, to deliver to the person 
paying the same, a receipt, specifying the name of the Receipts to be 
person paying the same, and the time of such payment, 
which shall be received and considered as presumptive 
evidence thereof. And the said Collectors shall here- 
after, annually, fifteen days before the first Monday ia 
March, make out and deliver to the Selectmen of the 
town in which they reside, a true and accurate list of all 
persons from whom they shall within the year then next 
preceding, have received any such payment, specifying 
24 



180 ELECTIONS, VOTERS, &c. Feb. 11, 1823. 

the time of payment, or shall exhibit and deliver to the 
Selectmen, the original account by them kept, of such 
payment. And the Selectmen shall, at least ten days 
before the first Monday in March, annually, meet to- 

Liststobe madegether, and make out alphabetical lists of all the per- 
sons, qualified as is herein before provided, to vote for 
any of the officers aforesaid; and they shall, at least 
ten days before the first Monday in March, annually, 
cause such lists to be posted up, at two or more public 
places, in their respective towns or districts : And they 
shall be in session, for a reasonable length of time, 
within forty eight hours next preceding all town and 
district meetings, for the choice of any of the oiRcers 
aforesaid, for the purpose of correcting the aforesaid 
list of voters; and such session shall be holden, for 
one hour at least, on the day of such meeting, and be- 
fore the opening of the same; and of the time and 
place of their meeting for this purpose, they shall give 
notice on the lists posted up as aforesaid. And it shall 
be the duty of the Selectmen or Mx)derator, to be pro- 
vided with a complete list as aforesaid, at such elec- 

xo person to tiou ; aud no person shall vote at any election, whose 

vote, whose name iiiii i • ii i • ^ 

isi.otQntheiiit. name shall not have been previously placed on said 
list, nor until the Selectmen or Moderator presiding at 
such meeting, shall have opportunity to find his name 
on the lists aforesaid. 

Sec. 3. Be it further enacted, That every male citi- 
zen of this Commonwealth, who shall have resided in 
any town, district, or plantation, six calendar months, 
Six months resi- ucxt preceding any meeting for the transaction of town 
t" vow in town ' affairs, and who shall, in all respects, be qualified as 
required in the first section of this act, shall be enti- 
tled to vote at such meeting, upon all questions con- 
cerning town aflairs; and no person not qualified as 
aforesaid, shall be entitled to vote therein. 

Sec. 4. Be it further enacted, That the Selectmen 
of any town, in case they shall have duly entered on 
the list of voters, the names of all such persons as are 
returned to them by the Collectors, as having paid any 
tax within two years, shall not be held answerable for 
any omissions on said list, or for refusing the vote of 
any person whose name is not on the list, unless the 
said person whose name may be omitted, shall, before 



ELECTIONS, VOTERS, &x. Feb. 11, 1823. 181 

offerins: bis vote, furnish the Selectmen with sufficient Evidence to be 

• I !• I • 1 • ii 1 1 1-ii i- P funiUlied by the 

evidence oi his havins; the leajal (luaimcations ot a vo- persuu wishing 
ter at said meeting, and request oi the helectmen, tueouthLiut. 
insertion of his name on the list of voters. 

Sec. 5. Bt^ it further enacted, That the Moderator 
of any town meetiuir shall receive the votes of all such Moderators of 

I 1 ii 1- X 1» i meetings nut lia- 

persons, whose names are borne on the list oi voters, bie, tor reCusinK 

.,. ,, 11^1, 11 111- votes of persons 

as certmed by the Selectmen; and he shall in no way whose names are 
or manner be held liable for refusing the vote of any"" ° 
person whose name is not on the said list. 

Sec. 6. Be it further enacted, That any Collector 
who shall neglect to return a list of persons, of whom 
he has received payment of any taxes, as required by 
this act, shall forfeit and pay the sum of one hundred Forfeitures for 
dollars for such neglect; and any Collector, who shall leV^"" "'^" 
make a false return, as regards any part of the list re- 
turned by him to the Selectmen, shall forfeit and pay 
the sura of twenty dollars, for each and every name, 
in which the said Collector may have made a false re- 
turn ; which penalties may be recovered by an action 
of the case, one half to the use of the town, in which 
the ojffence is committed, and the other half to the use 
of the person who sues for the same. 

Sec. 7. Be it further enacted, That the first section 
of the act, passed on the eighteenth day of June, in the 
year of our Lord one thousand eight hundred and. 
eleven, regulating the choice of town officers and town . 
meetings, also, <' an act, in addition to an act, entitled 
mi act, in addition to the several acts, for legulating 
elections, and for repealing the first section of said 
act,'^ passed the seventh day of March, in the year of 
our Lord one thousand eight hundred and three, also, 
so much of an act, entitled «'an act more effectually to 
secure the rights of suffrage," passed June sixteenth. Former acts re 
Wi the year of our Lord one thousand eight hundred ^'^"' ' 
and thirteen, as requires any duty to be performed 
by Assessors, be, and the same are hereby repealed. 

Sec. 8. Be it further enacted, That this act shall be 
in force and take effect from and after the first day of 
June next. 

[Approved by the Grovernor, February 11th, 1823.] 



182 APPEALS FROM JUDGMENT. Feh. 11, 1823. 



CHAP. cy. 

An Act respecting Appeals from Judgments of the 
Court of Common Pleas. 

Sec. 1. JjE it enacted by the Senate and House oj 
Representatives, in General Court assembled, and by 
the authority of the same, That whenever any appeal 
shall be made pursuant to the provisions of the fourth 
section of an act, entitled '^ari act to establish a Court 
of Common Pleas for the Commonwealth of Massa- 
chusetts,'^ by any defendant, from any judgment of 
said court, in any personal action, in which the debt 
or damage recovered against such defendant shall not 
amount to one hundred dollars, and such debt or dam- 
ages shall not be reduced on the appeal, the plaintiff 
piaimiffmay re- shall be entitled to recover double costs of suit on the 
costs. appeal, except so far as the same. consist of cash paid 

as fees to witnesses, costs of depositions, jury fees, co- 
pies, and other court dues, which shall be taxed singly, 
accordmg to law; and the same rules shall be applied 
to all cases where double costs are allowed by the act 
aforesaid : Provided, that nothing in this act, or the 
act to which this act is in addition, shall affect the 
right of either party to recover costs according to the 
event of the suit in the court appealed to, in any per- 
sonal action in which the sum demanded shall ex- 
ceed the sum of one hundred dollars, when the judg- 
ment appealed from shall be rendered on an issue in 
law, in which leave is reserved to plead anew in the 
court above by one party, and assented to by the other 
party on record. 

Sec. 2. Be it further enacted, That so much of the 
partof former fourth sectiou of the act aforesaid, as affects the case of 
an appeal made by any defendant, be, and the same is 
hereby repealed. 



act repealed. 



[Approved by the Governor, February 11th, 1823.] 



NEW JERUSALEM SOCIETY. Feb. 11, 1823. 183 

CHAP. CVl. 

An Act to incorporate, a Religious Society, by the 
name of the Boston Society of the New Jerusalem. 

Sec. 1. JdE it enacted by the Senate and Houfie of 
Representatives, in General Court assembled, and by 
the authority of the ^ same, That Thomas Worcester, persons incovpo- 
Henry Gardner Foster, Barnabas Thayer Loring, 
Sampson Reed, Samuel Worcester, John Hubbard 
Wilkins, Tilley Brown Hayward, Timothy Harring- 
ton Carter, Caleb Reed, Warren Goddard, Simeon 
Child, Lemuel Little, Adonis Howard, and Nathaniel 
Balsh, Junior, together with their polls and estates, 
and such others as may associate with them, and their 
successors, be, and they hereby are incorporated and 
established as a religious society, by the name of the 
Boston Society of the New Jerusalem; with all the 
powers and privileges, and subject to all the duties of oeneiai powers, 
other religious societies, accorcling to the constitution 
and laws of this Commonwealth. 

Sec. 2. Be it farther enacted, That said society may 
have and use a common seal, and the same may break, 
alter and renew at pleasure; shall be capable of sue- 
ing, and being sued, in any actions, real, personal, or 
mixed, in any court proper to try the same; shall and 
may take and hold in fee simple or otherwise, by gift, 
grant, devise or purchase, any estate, real or personal. May hold reai & 
the aggregate amount of which shall not exceed ten^'^"""'* ^'''**^' 
thousand dollars, and may sell and dispose of the 
same at pleasure. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace for the County of Suffolk, upon application 
therefor, is hereby authorized to issue a warrant, di- 
rected to a member of said society, requiring him to 
notify and warn the members of said religious society 
in Boston, to meet at such time and place as shall be First meeting. 
expressed in said warrant, for the choice of such offi- 
cers, as religious societies have a right to choose, at 
their annual meetings. 

[Approved by the Governor, February 11th, 1823.] 



184 CITY OF BOSTON. Feb. 11, 1823. 



CHAP. CVII. 

All Act, in addition to an Act, entitled "An Act estab- 
lishing the City of Boston.'' 

Sec. 1. JjE iY enacted by the Spnate and House of 

Representatives, in General Court assembled, and by 

the authority of the same, That "tlie act establishing 

the City of Boston, be so far altered and amended, as to 

Mayor & Alder- vest all thc dutles and powers of Surveyors of High- 

™y"rs° of'' high- ways for said city, in the Mayor and Aldermen of 

ways. • I 'i 

said city. 

Sec. 2. Be it further enacted, That the said Mayor 
and Aldermen be, and they are hereby authorized to 
Mayor & Alder- appoiut the place of meeting for the inhabitants of any 
pia'cVforTeet- wai'd or wards in said city, without the limits of the 
ward in which such inhabitants dwell, in any adjoin- 
ing ward, when in the opinion of the Mayor and Al- 
dermen, the inhabitants can be more conveniently ac- 
commodated, than they can be within the limits of 
their respective wards : Provided, that a distinct place 
of meeting shall be appointed for the inhabitants of 
every ward. 

Sec. 3. Be it further enacted, That the lists of all 
the citizens of each ward, qualified to vote in any elec- 
tion, shall be completed before sunset the day previous 
to every election; and when the election shall happen 
on Monday, the said lists shall be completed before 
Tinu tor com- sunsct ou the Saturday evening preceding; and that 
Sf^otm!"" "'' after the delivery of such lists to the Clerks of the re- 
spective wards, no name shall be placed on such liats. 
Police offieer to Sec. 4. Be it furthev enacted, That the Mayor and 
the Board' of aT- Aldermen of said city may elect the Officer of Police 
denueu. ^.^.^^^ their own Board, if they see fit. 

Sec. 5. Be it further enacted, That this act shall 

be void, unless the inhabitants of the City of Boston, 

at a legal meeting called for that purpose, shall, by a 

Act to he void, written vote, determine to adopt the same within thirty 

Unless adopted ill ■. 
thirty days. . ClayS. 

[Approved by the Grovenior, February 11th, 1823.] 



STATE TAX. Feb. 11, 1823. 185 



CHAP. CYIIl. 

An Act to apportion and assess a Tax of Seventy 
Five Thousand Dollars, and to provide for tlie re- 
imbursement of Twenty Thousand Four Hundred 
and Eighty Dollars, paid out of the treasury to the Annual Tax. 
members of the House of Representatives, for their 
attendance the two last sessions of the General Court. 

[Approved by the Governor^ February 11th, 1823.] 



CHAP. CIX. 

An^Act to incorporate certain persons by the name of 
the Boston and Concord Boating Company. 

Sec. 1. IjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That William Sullivan and persons incoi|u>. 
Richard Sullivan, and their associates and successors, '^''^'^ ' 
be, and they are hereby incorporated, and shall be a 
corporation, under the name of the Boston and Con- 
cord Boating Company; antl by that name may sue 
and prosecute, and be sued and prosecuted to final 
judgment and execution; and shall be, and hereby are 
vested with all the powers and privileges which are powers and pvi 
by law incident to corporations for the purposes, and''"^*^'' 
only purposes in this act provided for. 

Sec. 2. Be it further enacted. That the said AVil- 
liam Sullivan and Richard Sullivan, their associates ^ 
and successors, shall, under this act, have power and 
authority to have, own and use boats, landing places, May use boat*. 
and all necessary equipments, for the purpose of trans- &".'''"^^""'^' 
porting goods, wares and merchandize, and all other 
articles, from Boston and Cbarlestown to the upper 
end of the Middlesex Canal, and thence by the River 
Merrimack to the northerly line of this State, and 
from said northerly line to Boston, and all tlic inter- 
mediate places. 



186 B. AND C. BOATING COMP. t'eb. 11, 182^. 

Sec. 3. Be it further enacted, That the said Wil- 
liam and Richard may make application to any Jus- 
tice of the Peace in the County of Suffolk, to call a 
meeting of proprietors, to be holden at some conve- 
nient place in the City of Boston; and such Justice is 
thereupon empowered to issue his warrant, directing 
the said William and Richard, or either of them, to 
First meeting, wam Said proprietors to meet at such time and place 
as the said Justice may direct, to agree on such mode 
of calling future meetings, as such proprietors may see 
fit; and to do and transact all such other business re- 
lating to said corporation, as said warrant may ex- 
press. And the said proprietors, at such meeting, or 
at any future legal meeting, may choose a President, 
Choice of officers Clerk, aud any other Officers of such corporation, 
which they may deem expedient and proper, for the 
ordering and regulating the business and affairs of said 
corporation ; and every propi'ietor shall have a right 
to vote in a proprietory meeting, according to the num- 
ber of shares by him held, either personally, or by re- 
presentation. 

Sec. 4. Be it further enacted, That the said corpo- 
ration be, and the same is hereby authorized and em- 
powered to purchase, and to hold to them and their 
May hold real & successors, SO much persoual estate, consisting of boats, 
personal estate. ^j^(.]^|g^ apparcl, englues, and implements, as may be 
necessary for the transportation aforesaid; and so 
much of real estate as may be necessary for landing 
places and store houses: Provided, the whole amount 
of property, real and personal, shall not exceed fifty 
thousand dollars, nor comprehend more than twenty 
acres of land, and not more than two of which shall 
lie in Boston; and all property held by said corpora- 
No. of shares, tion may be divided into any number of shares, which 
said corporation may see fit, not less than one hundred, 
and not exceeding five hundred shares. 

Sec. 5. Be it further enacted, TIjat all the real es- 
tate held by said corporation within any town or city, 
shall be liable to taxation in such town or city, as 
other real estate is therein, or may be lialde to be 
taxed; and that in any action which may be brought, 
or in any judgment which may be rendered against 
said corporation, the plaintiff; or adverse party, not 



REPLEVIN AMD TROVER. Feb. 11, 1823. 187 

being able to find sufficient property of said corporation 
to attach on mesne process, or whereon to levy his 
execution, shall have the right of attaching on mesne 
process, and of levying his execution upon any of the 
property of any of the individuals, members of the Property of 
said corporation, in the same manner as though the attached.'"''^ 
action had been brought, and the judgment rendered 
against them in their private and individual capacity. 

Sec. 6. Be it further enacted, That this corporation 
shall exist and continue so long as the Middlesex C a- Limitation of 
nal shall be kept open and in operation, and no longer. '^'''*""* 

Sec. 7. Be it further enacted, That the proprietor 
who may be empowered to warn the proprietors afore- 
said of the first meeting, herein before provided for, First Meetins. 
shall give notice thereof, by publishing such warrant 
as may be to him directed for such purposes, in one or 
more of the newspapers printed in Boston, together 
with notice in conformity thereto, and shall make re- v 

turn thereof, under his hand, to the first meeting, to be 
recorded in the book of the corporation ; the said pub- 
lication to be made ten days before the day appointed 
for such meeting. 

[Approved by the Governor, February 11th, 1823.] 



CHAP. ex. 

An Act further regulating Actions of Replevin and 

Trover. 

Sec. 1. llE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That all actions of replevin 
and trover shall be taken and deemed to be actions, of 
which the cause doth survive, and shall and may be 
prosecuted or defended, to final judgment and execu- Actions may be 
tion, by and against the executor or administrator of j'^uSnent"*^""' 
any deceased person, in the same manner as the same 
25 



188 REPLEVIN AND TKOVER. Feb. 11, 1823^. 

might have been by their testators or intestates respec- 
tively, during their lives. And in case either of the 
Powns of Exec- parties shall die, during the pendency of any action of 
replevin or trover, the e?iecutor (u* adminislrator of 
such deceased party shall be permitted and allowed, 
on motion, to appear and prosecute, or defend such 
action, to final judgment and execution; or in default 
of such voluntary appearance, upon the suggestion of 
the deatli of such party, and due citation to such ex- 
ecutor or administrator, it shall he his duty to appear 
and prosecute, or defend such action. And in case 
such executor or administrator shall fail to ajipear, 
upon the due service anxl return of such citation, the 
court before whom such action is pending shall have 
the same power to proceed therein, and render judg- 
ment, by non-suit or default, as in other civil actions. 
Sec. 2. Be it farther enacted. That in case judg- 
.Tudgmemofie- ment, in any action of replevin, shall be recovered by 
picvjii.. ^j^^ executor or administrator of any Sherift', Coroner, 

or other civil officer, for tlie return of any goods, chat- 
tels, or other property, Avhich may have been taken or 
attached on mesne process or execution, or by the ex- 
ecutor or administrator of any trustee, carrier, deposi- 
tary, or other person claiming a special proj)crty in 
such goods or chattels, to hold for the use and benefit 
Assets of Exccu-ofanotlier, such goods and chattels shall not be taken 
*^''' and deemed to be assets in the hands of such executor 

or administrator, but shall, together with all monies re- 
covered as damages for the taking thereof, deducting 
the charges and expenses of such recovery, be held, 
appropriated, delivered over, and restored to any per- 
sons having a general property or beneficial interest 
therein, or for whose use and benefit the same are re- 
covered and held, or otherwise disposed of, in the 
same manner as the same should have been done, had 
such judgment been rendered ia the lifetime of such 
testator or intestate. 

Sec. 3. Be it further enacted yThut whenever judg- 
ment for a return shall be ren<lered against the execu- 
tor or administrator of any phiintiif, in any action of 
replevin, the goods, chattels, and other property, for 
tJie return of which judgment shall be so rendered,. 



third peYsoii. 



REPLEVIN AND TROVEll. Feb. 11, 1823. 189 

shall no longer be taken and deemed to Le assets in 
the hand» of .such executor or administrator; and in 
case sncli ii;oods or chattels shall have been included KxecntoM may 
in the inventory of the estate of sucii testator or intes- shewing judg-'^ 
tate, it shall be a good dischaige therefor to snc!i ex-""^"'' 
•ccutor or administrator, to shevv sucli judij;ment for a 
r.turn, and tiie actual return and restoration of such 
gt)ods, at the appraised value thereof, in pursuance 
and satisfaction of such judgment. 

Sec. 4. Be if fin-ther enacted , That when any goods 
or chattels shall l)e taken or attached, which shall be 
claimed by a third person, and such person shall think 
proper to replevy the same, any otlier person or per- 
sons may cause the same to be further attached, as the 
property of the defendant in the first suit, by causing 
his or their writ or writs to be delivered to the officer 
by whom the same were so originally attached, and 
from whom the same are taken by such action of re- .Attachment by i 
plevin, and requiring him to return an attachment 
thereof; or in case of the death or removal from office, 
of such oificer, then, by any other civil officer qualifiod 
to serve and execute similar process, whose duty it 
shall be to give notice of such subsequent attachment, 
to such defendant in replevin, or the person or persons 
representing him. And such subsequent attaciimcnt 
or attachments shall be valid, effectual and binding 
upon the said goods, or the proceeds thereof, when re- 
turned to such defendant in rejdevin, or his represen- 
tative, and be held to respond the judgment of the 
several attaching creditors, in the order of their prior- 
ity, respectively, in the same manner as if the said 
goods or chattels had remained speciUcaily in the cus- 
tody of the officer originally attaching the same. 

Sec. 5. Be it fiwthev enacted, That when any 
goods or chattels sliall be taken or attached as afore- 
said, which shall be claimed by a third [)erson, who 
shall iiave replevied the same, and given security to claims of third 
prosecute his said action, such goods shall not be lia-tiontlir 
ble to be agaiji attached as the properly of the original 
defendant, in any other manner than that specified in 
the next preceding section of this act, pending such ac- 
tion of replevin, or before a return thereof, piiisuant to 
j^idgment in such action, unless the said original de- 



attachtr condi- 



190 MER. MARINE INS. COMP. Feb. 11, 1823. 

fendant shall have acquired property therein, by a title 
originating after the commencement of such action of 
replevin. 

[Approved by the Governor, February 11th, 1823.] 



CHAP. CXI. 

An Act to incorporate the Mercantile Marine 
Insurance Company. 

Sec. 1. JjE it enacted by the Senate and House of 
llejpresentatwesj in General Court assembled, and by 
the authority of the same, That Benjamin Marston 

peisomincorpo- Watson, Charlcs C. Parsons, Samuel Fales, Thomas 
"Welsh, Junior, and John Odin, all of Boston, with 
their associates, successors and assigns, be, and they 
hereby are incorporated into a company, and body 
politic, by the name of the Mercantile Marine In- 

Geneiai powers, surance Compauv 1 with all the powers and privil- 

(i riquirtnients. ,!• • ii"ii 

eges granted to insurance companies, and subject to 
all the restrictions, duties and obligations, contained 
in a law of this Commonwealth, entitled *'an act to 
define the powers, duties and restrictions of insurance 
companies," passed on the sixteenth day of February, 
in the year of our Lord one thousand eight hundred 
and eighteen, and in a law of this Commonwealth, 
entitled ^•'an act authorizing the several insurance com- 
panies in this Commonwealth to insure against fire," 
passed on the twenty first day of February, in the 
year of our Lord one thousand eight hundred and 
wmifationof, tweuty, for and during the term of twenty years, after 
*^ ''^^''^' the passing of this act ; and by that name may sue 

and be sued, plead and be impleaded, appear, prose- 
cute and defend to final judgment and execution; and 
may have a common seal, which they may alter at 
pleasure; and may purchase, hold and convey any es- 
tate, real or personal, for the use of said company: 
Pioviso. Prodded, the said real estate shall not exceed the 



MER. MARINE INS. COMP. Feb. 11, 1823. 191 

value of twenty thousand dollars, excepting such as 
may be taken for debt, or held as collateral security 
for monies due to said company. 

Sec. 2. Be it further enacted, That the capital caintai stocK. 
stock of said company shall be three hundred thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, fifty per centum of which shall 
be paid, in money, within sixty days after the first 
meeting of the said company, and the residue, to 
be paid, in money also, one half thereof in six months, 
and one half thereof in twelve months, after said first 
meeting, under such penalties as the President and Di- 
rectors shall, in their discretion, direct and appoint: 
Provided, however, that the said company shall not Proviso. 
take any risk, or subscribe any policy, by virtue of 
this act, until one moiety of the capital stock of said 
company shall have actually been paid in. 

Sec. 3. Be it further enacted. That the stock, pro- 
perty, afiairs and concerns of said company, shall be 
managed and conducted by eleven Directors, one ofoirectors. 
whom shall be President thereof, who shall hold their 
offices for one year, and until others are chosen, and 
no longer, and who shall, at the time of their election, 
be stockholders, and citizens of this Commonwealth, 
and shall be elected on the second Monday of March, AnnuaiMeeun^. 
in each and every year, at such time of the day, and 
at such place in the City of Boston, as a majority of 
the Directors, for the time being, shall appoint; of 
which election, public notice shall be given in two Pubuc Notice. 
newspapers, printed in the City of Boston, and contin- 
ued for the space of ten days, immediately preceding 
such election; and the election shall be made by bal- 
lot, by a majority of the votes of the stockholders 
present, allowing one vote to each share in the capi- 
tal stock: Provided, that no stockholder shall be al- 
lowed more than ten votes; and absent stockholders vote^;. 
may vote by proxy, under such regulations as the 
said company shall prescribe. And if, through any 
unavoidable accident, the said Directors shall not be 
chosen on the second Monday of March, as afore- 
said, it shall be lawful to choose them on any other 
day, in the manner herein prescribed. 

Sec. 4. Be it further enacted, That the Directors, 



192 MER. MARINE INS. COMP. Feb. 11, 182S. 

when chosen, shall meet so soon as may be, after 
every election, and sliall choose out of their body, 

Choice of Picsi- one person to be President, who shall be sworn faith- 
fully to discharge the duties of his office, and who 
shall preside for one year. And in case of the death, 
resignation, or inability to serve, of the President or 
any Director, such vacancy or vacancies shall be fill- 
ed for the remainder of the year in which they hap- 
pen, by a special election for that purpose, to be held 
in the same manner as herein before directed, respec- 
ting annual elections of Directors, 

Sec. 5. Be it further enacted^ That the President 
and five of the Directors, or six Directors in the ab- 
sence of the President, shall be a Board competent 
for the transaction of business, and all questions be- 
fore them shall be decided by a majority of votes; 
and they shall have power to make and prescribe such 

By-Laws, &c. by-laws, rules and regulations, as to them shall ap- 
pear needful and proper, touching the management and 
disposition of the stock, property, estate and effects of 
the said company, and the transfer of the shaves; and 
touching the duties and conduct of the several Officers, 
Clerks and Servants employed, and the election of Di- 
rectors, and all such matters as appertain to the business 

cksiceistobeap-of iusurauce ; and also shall have power to appoint a 
Secretary, and so many Clerks and Servants, for carry- 
ing on the said business, and with such salaries and 
allowances to them and to the President, as to the said 
Board shall seem meet: Provided, such by-laws and 
regulations shall not be repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That any three or 
more of the persons named in this act of incorporation, 

sFSrsi mteiing. arc hereby authorized to call a meeting of the said com- 
pany, as soon as may be, in Boston, by advertising the 
same for two successive weeks, in two of the newspa- 
pers printed in Boston, for the purpose of electing the 
iirst IJoard of Directors, who shall continue in office 
until the second Monday of March, in the year of our 
Lord then next ensuing. 

Sec. 7. lie it further enacted, That tiie capital stock 
of said comj)any shall not be sold or transferred; but 
shall be holden by the original subscribers thereto, for 



WORCESTER INSUR. COMP. Feb. 11, 182^. im 

and durinj;^ the term of one year after tliis charter shall 

be pnt into operation as aforesaid ; and in case the sani-e 

shall not be pnt into operation, according to the provi- conditions or 

sions thereof, within one year from the passing of this 

act, it shall be nnll and void. 

Sec. 8. Be it further enacted, That the said com- 
pany shall never take on any one risk or loan, on re- 
spondentia or bottomry, on any one bottom at one Limitation or 
time, including the sum insured, in any other way on 
the same bottom, a sum exceeding ten per centum on 
the capital stock of said company, actually paid in, 
agreeably to the provisions of this act. 

Sec. 9. Be it further enacted, That the said insu- 
rance company shall be located and kept in the City Location, 
of Roston. 

Sec. 10. Be it further enacted, That the said Mer- 
cantile Marine Insurance Company shall be liable to May beta«ri 
be taxed by any general law providing for the taxation 
of all similar corporations. 

[Approved by the Governor, February llth, 1823.] 



CHAP. CXIl. 

An Act incorporating the Worcester Mutual Fire 
Insurance Company. 

Sec. 1. oE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Aaron Tufts, Nathan- Persons iucmpi.- 
iel Jones, Salem Town, Junior, John Shepley, Jonas '"'' 
Sibley, Rufus Bullock, James Humphreys, Benjamin 
Adams, Stephen P. Gardner, Jacob Fisher, Levi Lin- 
coln, Bezaleel Taft, Junior, Abraham Lincoln, Calvin 
Ammidown, Charles Parkman, Gideon Delano, Dex- 
ter Fay, John Hobart, and their associates, being 
owners of buildings, shall be a corporation, under the 
name of the Worcester Mutual Fire Insurance Com- Po«ers and pn^ 
pany ; and enjoy all privileges and powers, incident ta'^'*'^^^''^ 



194 WORCESTER INSUR. COMP. Feb, 11, 182a. 



Limitation of 
charter. 



Officers to be 
chosen. 



Vote*. 



Limitation of 
risks. 



Proviso. 



Investment of 
monies. 



such corporations, for twenty eight years, from and 
after the passing of this act. 

Sec. 2. Be it further enacted, That, for the well 
ordering and governing the affairs of the said corpora- 
tion, they shall have power to choose a President, 
Treasurer and Directors, to manage the concerns of 
the said corporation, and such otlier officers as they 
may deem necessary : Provided, nevertheless, that no 
policy of insurance shall be made by said corporation, 
until the sum subscribed by the associates to be insur- 
ed, shall amount to two hundred thousand dollars ; 
and at all meetings of said corporation, every matter 
shall be decided by a majority of votes, each member 
having as many votes as he has policies, with the right 
of voting by proxy. 

Sec. 3. Be it further enacted, That the said corpo- 
ration may, as soon as the said two hundred thousand 
dollars shall be subscribed to be insured, and they are 
hereby authorized to insure for the term of from one to 
seven years, any mansion house, or other building 
within the County of Worcester, against damage aris- 
ing to the same by fire, originating in any cause except 
that of design in the insured, and to any amount, not 
exceeding three fourths of the value of any building : 
and in case any member shall sustain damage by fire 
over and above the then existing funds of the said 
corporation, the Directors may assess such further 
sum or suras upon each member, as may be in propor- 
tion to the sum by bira insured, and the rate of hazard 
originally agreed upon: Provided, nevertheless, that 
no member, during the term of seven years, shall be 
held to pay, by way of assessment, more than two dol- 
lars for each dollar by him advanced as premium and 
deposit. 

Sec. 4. Be it further enacted, That the monies ad- 
vanced by each person insured shall, within sixty days 
after such advancement, be vested in the stock of some 
incorporate bank, stocks of the United States, or notes 
and bonds secured by mortgages, at the discretion of 
the President and Directors; and the proceeds of the 
same shall be appropriated and applied to pay the 
damages or loss that any member may sustain by fire, 
and to defray the expenses of the corporation ; and each 



WORCESTER INStJR. COMP. Feb. 11, 1823. 195 

of the insured shall, at the expiration of his policy or 
policies, have a rii^ht to demand and receive from the 
corporation, his sliare of the remaining funds, in pro- 
portion to the sum or sums, by liim actually paid. 

Sec. 5. Be if further enacted^ That when any mem- 
ber of the said corporation so insured, shall sustain 
any loss for wliich the same corporation shall be held 
to indemnify him, and he shall recover judgment there- 
for, against it, he shall have a right to levy his execu- 
tion issued on such judgment, on any of the funds of 
the said corporation; and when he shall not find suffi- 
cient funds of the said corporation to satisfy the same, 
and all costs thereon, and the said Directors shall 
neglect, or refuse, for the space of thirty days from 
rendering such judgment, to make an assessment agree- 
ably to the principles herein expressed, and deliver 
the same to the Treasurer of said corporation, and di- 
rect him to collect the same, in such manui r as the said 
corporation may point out, to satisfy such execution as 
far as the said funds and assessments may extend, then, 
and in that case, it shall be lawful for such judgment 
creditor to levy or extend his said execution on the 
private property of any of the said Directors, to the Property of oi- 
amount of the damage and costs he shall be entitled to attached. 
recover and receive, on such execution ; and any Di- 
rector, whose estate, real or personal, shall be so taken, 
may recover compensation therefor, by an action of the 
case against the said corporation. 

Sec. 6. Be it farther enacted^ That whenever any 
person shall sustain any loss of property by fire so in- 
sured, he shall, within sixty days next after, give no- 
tice of the same, to such of the Directors as shall be 
agreed upon by the said corporation for that purpose, 
whose duty it shall be immediately to view where the 
fire happened, and to inquire into the circumstances 
attending the same, and determine, in writing, under 
their hands, the amount (if any) of the said corpora- 
tion's liability for such loss ; and if the suflFerer shall 
not acquiesce in their determination, he or she, within 
thirty days next after such determination be made Actions may be 
known by said Directors, may bring an action at law thrcwp»!^a\'ion, 
against said corporation, for such loss, before any court "' "" ^ 
of competent jurisdiction, within the said County of 
26 



196 



SPRINGFIELD INSUR. COMP. Feb. 11, 1823. 



Worcester. And in case the sufferer shall not by ver- 
dict of a jury recover more than the damage determined 
on by the Directors as aforesaid, the plaintiff in such 
action shall have judgment upon the verdict, but the 
corporation shall recover their costs, and execution 
shall issue for the balance in favor of the party enti- 
tled to recover it. 

Sec. 7. Be it farther , enacted. That so soon as the 
amount of the corporation's liability shall be ascer- 
tained in either of the ways mentioned in this act, 
(and the funds on hand not being sufficient,) the said 

Assessments. Directors shall make an assessment upon the members 
of the said corporation, agreeably to the principles of 
this act, and deliver the same to the Treasurer of the 
said corporation to collect. And the said corporation 

By-Laws. shall liave power to make such by-laws, rules, and 
regulations for the due management of the concerns 
thereof, as may be thought proper, not repugnant to 
the constitution and laws of this Commonwealth. 

Sec. 8. Be it further enacted, That any two of the 
persons herein named, are hereby authorized to call a 

First Meeting, meeting of the members of said corporation, at such 
time and place, as they shall think fit, by advertising 
the same in the newspapers printed at Worcester, 
fourteen days at least, previous to said meeting. 

Sec. 9. Be it further enacted, That the said Wor- 
cester Mutual Insurance Company shall be liable to 

May be taxed, be taxed by any general law providing for the taxa- 
tion of all similar corporations. 

[Approved by the Grovernor, February 11th, 1823.] 



CHAP. CXUI. 



Ad Act to incorporate the Springfield Fire Insurance 
Company. 

Sec. 1. JJE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Jonathan D wight, 



SPRINGF1EL13 INSUII. COMP. Feh. 11, 1823. 197 

Justin Ely, Geori;;e Bliss, Uaniel Bontecou, Oliver B.peisnnsincorpo- 
Morris, John Hooker, Moses Bliss, Jonathan Dwight,'''' ' 
Junior, and Edmund D wight, their associates, succes- 
sors and assigns, be, and they hereby are incorporated / 
into a company and body politic, by the name of the 
Springfield Fire Insurance Company, for and during 
the term of twenty years after the passing of this act; 
and by that name may sue and be sued, plead and be 
impleaded, appear, prosecute and defend to final judg- Power? and pii- 
ment and execution; and have a common seal, which 
they may alter at pleasure; and may purchase, hold 
and convey any estate, real or personal, for the use ofMa> houireai & 
said company: Provided, they shall not hold real ^g.^'"'""'' "■' 
tate exceeding the value of ten thousand dollars, ex- Proviso. 
cepting such as may be taken for debt, or held as col- 
lateral security for debts due to said company. 

Sec. 2. Be it further enacted, That the capital 
stock of said company shall be one hundred thousand capital stock, 
dollars, divided into shares of one hundred dollars 
each, fifty per centum of which shall be paid, in 
money, within ninety days from the first meeting of 
said company, and the residue in one year from and ^ 
after the first meeting of said company. 

Sec. 3. Be it further enacted^ That the stock, pro- 
perty, affairs and concerns of said company, shall be 
managed and conducted by seven Directors, one ofuircctois, 
whom shall be President thereof, w ho shall hold their 
offices for one year, and until others are chosen, and 
no longer; and shall, at the time of their election, be 
stockholders of said company, and citizens of this 
Commonwealth, and shall be elected annually on the 
first Monday of May, at such time of the day, and at Annual election. 
such place within the Town of Springfield, as a ma- 
jority of the Directors for the time being shall appoint; 
of which election public notice shall be given, in any 
newspaper printed in said town, for the space of ten 
days immediately preceding such election; and the 
election shall be made by ballot, by a majority of the 
votes of the stockholders present, allowing one vote to 
each share in the capital stock: Provided^ no stock- 
holder shall be allowed more than ten votes; and the votes 
stockholders not present may vote by proxy, under 
such regulations as the company shall prescribe; and 



198 SPRINGFIELD INSUR. COMP. Feb. 11, 1823. 

if, through any accident, the Directors shonld not be 
chosen as aforesaid, it shall he lawful to choose them 
in manner aforesaid, on any other day. 

Sec. 4. Be it farther enacted, That the Directors so 
chosen, shall meet as soon as may be, after every elec- 
tion, and shall choose out of their number, one person 

Choice of Presi- to be Prcsldeut, who shall be sworn faithfully to dis- 
charge the duties of his office, during tlje period for 
which he is elected ; and in case of the death, resigna- 
tion, or inability to serve, of the President, or any Di- 
rector, such vacancy, or vacancies, shall be filled for 
the remainder of the year in which they happen, by a 
special election, to be notified and held as is herein 
before directed, in the case of annual elections. 

Sec. 5. Be it further enacted, That the President 
and three of the Directors, or four of the Directors in 
the absence of the President, shall be a Board compe- 
tent for the transaction of business; and all questions 
before them shall be decided by a majority of votes; 
and they shall have power to make and prescribe such 

By-Laws, &c. by-la ws, rules and regulations, as to them shall appear 
needful and proj)er, in respect to t!ie management and 
disposition of the stock and property of said company, 
and the transfer of shares therein, and the powers, du- 
ties and conduct of the several Oificers, Clerks and 
Servants employed in the service of the company, and 
the election of Directors, and the making of policies, 
and all such matters as appertain to the business of 

Proviso, insurance: Provided, such b^^-laws, rules and regu- 

lations be not repugnant to the laws or constitution of 
the United States or this Commonwealth. And they 
shall also have power to appoint a Treasurer, Secre- 

officerstobeap-tary, aud so many Clerks and Servants as shall be 

'"'"'*'^ ' needful, with such compensation to them, severally, 

and to the President, as to them shall seem fit; and 
they shall also have power and authority, in behalf of 
said company, to make insurance on any property or 
buildings against damage to the same by fire, origina- 
ting in any cause, except design in the assured, for 
such time, and on such conditions, as the parties may 
agree to: Provided, that the said company shall not 
insure, on any one risk, more than ten per centum on 
the amount of the capital stock paid in; and all poli- 



SPRINGFIELD INSUR. COMP. Feb. 11, 1823. 199 

cies of insurance by them made, shall be subscribed 
by the Presid^Mit, or two of the Directors, and counter- 
signed by the Secretary, and shall be binding and ob- 
ligatory upon the said company, and have the like 
eliect and force as if under the seal of said company; 
and all losses duly arising under policies so sub- 
scribed, may be adjusted and settled by the President 
and Board of Directors, or such Agent as they shall 
authorize; and such adjustment shall be binding on 
said company. 

Sec. 6. Be it further enacted, Tliat the said com- 
pany shall not directly or indirectly deal or trade in shaii not trade 
buying or selling any goods, wares, merchandize, or"'^^"''' 
commodities, whatever. 

Sec. 7. Be it further enacted, That ojice in three 
years, and oftener if required by a majority of tlie 
votes of the stockholders, the Directors shall lay be- 
fore the stockholders, at a general meeting, an exact 
and particular statement of the profits, if any there be, 
after deducting losses and dividends ; and the said 
company shall, when and as often as required by the 
Legislature of this Commonwealth, lay before the Le- statement of af- 
gislature a statement of the aftairs of said company, KfoieVheLegis- 
and submit to an examination concerning the same, q^'Jiled. "'"'"'*' 
under oath. 

Sec. 8. Be it further enacted, That in case any loss 
or losses taking place, which shall be equal to the 
amount of the capital stock of the said company, and 
the President or Directors, after knowing of such loss 
or losses taking place, shall subscribe to any policy of 
assurance, their estate, jointly and severally, shall be Directors piop- 

_ illi-Ai j.*^i» 1*' 1 erty accountable 

accountable tor the amount oi any and every loss foi losses, m cei- 
wbich shall take place under policies thus subscribed;*"'" '^^'"' 
and the said President and i3irectors shall cause to 
be printed or written on every policy they shall make, 
the amount of the capital stock, and the largest sum 
they take on a risk. 

Sec. 9. Be it further enacted, That it shall be the 
duty of the Directors, on the first Monday of May and 
October, in every year, to make dividends of so much Dividends, 
of the interest arising from the capital stock, and of the 
profits of the said company, as to them shall appear ad- 
visable 5 but the monies received; and notes taken for 



200 



BOSTON INSUR. COMP. 



Feb, 11, 1823. 



/ premiums of risks which shall be undetermined and 
outstanding at the time of making such dividends, shall 
not be considered as parts of the profits of said compa- 
ny; and in case of any loss whereby the capital slock 
shall be lessened, no subsequent dividend shall be 
made, until a sura equal to such diminution shall have 
been added to the capital. 

Sec. 10. Be it further enacted, That any three of 
the persons named in the first section of this act, are 
First Meeting, hereby authorized to call a meeting of the said com- 
pany in Springfield, by advertising the same, for the 
purpose of electing the first Board^ of Directors, who 
shall hold their offices until another Board shall be 
chosen. 

Sec. ii. Be it further enacted. That no transfer of 
stock in the incorporation shall take place within one 
year from the passing of this act ; and that if the pro- 
visions of this act shall not be complied with in one 
year from the first meeting, then the same shall be 
void. 

Sec. 12. Be it further enacted, That the said com- 
pany shall be liable to be taxed by any general law 
providing for the taxation of all similar corporations. 

[Approved by the Governor, February 11th, 1823.] 



Conditions of 
charter. 



May be taxed. 



CHAP. CXIV 



An Act to incorporate the Boston Insurance Company. 



Sec. 1. ijE it enacted by the Senate and House of 
JRepresentatives, in General Court assembled, and by 
the authority of the same, That Lemuel Pope, Junior, 
Persons incorpo- William H. Boardmau, James Perkins, John Bellows, 
and James Freeman, with their associates, successors, 
and assigns, be, and they hereby are incorporated into 
a company and body politic, by the name of the Boston 
Insurance Company; with all the powers and privile- 
ges granted to insurance compaaies, and subject to all 



rated. 



BOSTON INSUR. COMP. Feb. 11, 1823. 201 

the. restrictions, duties and obli2;ations, contained in a 
law of this C'omraonvvealtli, entitled '<an act to define 
the powers, duties and restrictions of insurance compa- Powers andpn- 
nies,^' passed on the sixteenth day of February, in the^"^^"' 
* year of our Lord one thousand eight hundred and 
eighteen, and in a law of this Commonwealth, entitled 
*'an act authorizing the several insurance companies in 
this Commonwealth to insure against fire,'' passed on 
the twenty first day of February, in the year of our 
Lord one thousand eight hundred and twenty, for and 
during the term of twenty years, after the passing 
of this act; and by that name may sue and be sued, 
plead and be impleaded, appear, prosecute and defend 
to final judgment and execution ; and may have a com- 
mon seal, which they may alter at pleasure; and may May hoia leai & 

11111 jji 1 personal estate. 

purchase, hold, and convey any estate, real or personal;, 
for the use of said company : Provided^ the said real es- 
tate shall not exceed the value of twenty thousand dol- 
lars, excepting such as may be taken for debt, or held 
as collateral security for monies due to said company. 

Sec. 2. Be it further enacted, That the capital 
stock of said company shall be three hundred thou- capuaistocit. 
sand dollars, and shall be divided into shares of one 
hundred dollars each, fifty per centum of which shall 
be paid, in money, within sixty days, after the first 
meeting of the said company, and the residue to be 
paid, in money also, one half thereof in six months, 
and one half thereof in twelve months, after said first 
meeting, under such penalties as the President and 
Directors shall, in their discretion, direct and appoint: 
Provided, however, that the said company shall not 
take any risk, or subscribe any policy, by virtue of 
this act, until one moiety of the capital stock of said 
company shall have actually been paid in. 

Sec. 3. Be it further enacted. That the stock, pro- 
perty, affairs and concerns of said company, shall be 
managed and conducted by nine Directors, one ofsoard of Direct 
whom shall be President thereof, who shall hold their '"^'' 
olBBces for one year, and until others are chosen, and 
no longer, and who shall, at the time of their election, 
be stockholders, and citizens of this Commonwealth, 
and shall be elected on the second Monday of March, Annual election 
iu each and every year, at such time of the day. 



202 BOSTON INSUR. COMP. Feb. 11, 1823. 

and in such place in the City of Boston, as a ma- 
jority of the Diiectors, for the time heing, shall 
appoint; of which election, pnhlic notice shall be 
given in two newspapers printed in the City of 
Boston, and continued for the space of ten days im- 
mediately preceding such election ; and the election 
shall be made by ballot, by a majority of the votes of 
the stockholders present, allowing one vote to each 

Votes. share in the capital stock: Provided, that no stock- 

holder shall be allowed more than ten votes; and 
absent stockholders may vote by proxy, under such 
regulations as the said company shall prescribe. And 
if, through any unavoidable accident, the said Direct- 
ors shall not be chosen on the second Monday in 
March, as aforesaid, it shall be lawful to choose them 
on any other day, in the manner herein prescribed. 

Hec. 4. Be it further eyiacted, That the Directors, 
when chosen, shall meet as soon as may be, after eve- 
ry election, and shall choose out of their body one per- 

choiceofPresi- SOU to be President, who shall be sworn faithfully to 
discharge the duties of his office, and who shall pre- 
side for one year; and in case of the death, resignation, 
or inability to serve, of the President, or any Director, 
such vacancy or vacancies shall be filled, for the re- 
mainder of the year in which they happen, by a spe- 
cial election for that purpose, to be held in the same 
manner as herein before directed, respecting annual 
elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and four of the Directors, or five of them in his ab- 
sence, shall be a Board competent for the transaction 
of business, and all questions before them, shall be 
decided by a majority of votes; and they shall have 

By-Laws, &c. power to makc and prescribe such by laws, rules and 
regulations, as to them shall appear needful and pro- 
per, touching the management and disposition of the 
stock, property, estate and effects of the saiti company, 
and the transfer of the shares; and touching the duties 
and conduct of the several Officers, Clerks and Serv- 
ants employed, and the election of Directors, and all 
such matters as ajjpertain to the bininess of insurance; 

Officers to be ap- and also shall have power to appoint a Secretary, and 

pointeds ^^ many Clerks and Servants, ibr carrying ou the said 



BOSTON INSUR. COMP. Feb. 11, 1823. 203 

business, and with such salaries and all«\yances to 
them and to the President, as to the said Board shall 
seera meet: Provided^ sucli by-laws and regulations proviso. 
shall not be repu2;nant to the constitution and laws of 
this Commonwealth. 

Sec. 6. Be it further evaded, That any three or 
more persons named in this act of incorporation, are 
hereby authorized to call a meeting of the said com- 
pany as soon as may be, in Boston, by advertising the 
same, for two successive weeks, in two newspapers First Meeting, 
printed in Boston, for the purpose of electing tlie first 
Board of Directors, who sljall continue in office until 
the second Monday of March, in the year of our Lord 
then next ensuing. 

Sec. 7. Be it further enacted, That the capital 
stock of said company shall not be sold or transfer- 
red, but shall be holden by the original subscribers 
thereto, from and during the period of one year after 
the charter shall be put into operation as aforesaid ; conditions of 
and in case the same shall not be put into operation, 
according to the provisions thereof, within one year 
from the passing of this act, it shall be null and void. 

Sec. 8. Be it further enacted, That the said com- 
pany shall never take on any one risk or loan, on re- Limitation of 
spondentia or bottomry, on any one bottom at one"' '" 
time, including the sum insured, in any other way on 
the same bottom, a sum exceeding ten per centum on 
the capital stock of said company, actually paid in, 
agreeably to the provisions of this act. 

Sec. 9. Be it further enacted, That the said insu- Location. 
ranee company shall be located and kept in the City 
of Boston. 

Sec. 10. Be it further enacted, That the said Bos- May be taxed. 
ton Insurance Company shall be liable to be taxed by 
any general law providing for the taxation of all simi- 
lar corporations. 

[Approved by the Grovernor^ February 11th, 1823.] 

27 



Commonwealth oi MassaeViusetts. 



Secretary's Office, Jlpril 12th, 1823. 

I HEREBT CERTiTT, That I havc compared the Laws printed in this 
pamphlet, passed by the Legislature, at their Session in January and 
February last, and that they appear to be correct. 

A. BRADFORD, Secretary of the Common-wealth. 



INDEX 

TO THE LAWS FOR JANUARY AND FEBRUARY 182i 



A. 

Actions in Trover and Replevin regulated, - . - - 187 

Appeals regulated in Courts of Common Pleas, - - . 182 

Assurance Company, General Interest, ----- 155 

Attorney for the County of Suffolk, his salary, - - - 97 

Attornies' fees to be paid to law libraries, - - - - 74 

Auction Public, tax on sales at, - 135 

B. 

Bank, Salem, allowed to increase capital stock, " " - ^^7 

" Exchange, in Salem, established, - - - - 78 

Oxford, established, 103 

Baptist Society in Belchertown, ------ 65 

" •' in Framingham, ------ 63 

in Littleton, 112 

in Weston, 56 

Bas^ River Bridge, in Dennis and Yarmouth, - - - 98 

Beef, inspection of, additional regulation, - - - - 96 

Beggars, rogues, and idle and lewd persons to labor, - - 127 
Belvidere Manufacturing Company, - - - - -111 

Berkshire Medical Institution, 67 

Blackstone Canal Company, 38 

Boating Company, Boston and Concord, - - - - 185 

Boston, City, charter altered, - - - - - -184 

" Mayor and Aldermen to appoint engine men, - -• 74 

" House of Industry in, ------ 81 

" Cordage Manufactory, - 46 

•' Gas Light Company in, ------ 64 

" and Roxbury Mill Dam to be widened, - - -57 

Bridge at Bass River, 98 

" at Cohasset and Scituate, 69 

Brighton School Fund, 75' 



INDEX. 



Cambridge, Second Universalist Society, ... - 159 

Canal, Blackstone, established, - 38 

" Hampden and Hampshire, ------ 85 

Caulkeis' and Shipwrights' Charitable Society, - - - 70 

Coalpits and brush not to be burned in woods in Plymouth, Sec. 47 

Cohasset and Scituate Bridge, 69 

Concord and Boston Boating Company, ... - 185 

Coney, Daniel, set off to Ware, 114 

Congregational Society in Windsor, ----- 71 

Coparceners, real estate of, how to be divided, ... - 109 

Cordage Manufactory in Boston, ------ 46 

Court of Sessions in Hampshire, extra term, - - - - 33 

" of Common Pleas, appeals at, reguUted, - - - 182 

" in Nantucket, powers increased, 72 

" may grant Writs of Review, -•_-_. 96 

D. 

Dam, Boston and Roxbury, to be widened, - - - - 57 

Domestic Insurance Company, ._--.- 152 

Donations for pious and charitable uses, . - . - 147 

Dover, Congregational Meeting House, pews in to be taxed, 130 
Duties on sales at public vendue, - - -- - -135 

E. 

Elections regulated, 179 

Engine Men in Boston, more to be appointed, - - - 74 

Essex Fire and Marine Insurance Company continued, - - 113 
Exchange Bank in Salem, .------78 



Females' Penitent Refuge established, ----- 59 

Fences, division, regulated, - - - - - - - 95 

Fishery in Hoosick regulated, ...-.-_ 84 

" in Merrimack River, - 114 

" in ponds in Randolph, Sec. - - - - - 77 
" in Taunton River, -------61 

" in AVest Cambridge, 159 

Framingham, Baptist Society in, ------ 63 

Franklin Insurance Company, - - - - - - 123 

G. 

Gaol Limits established by Court of Sessions, - - - 133 



INDEX. 

Gas Light Company in Boston, 64 

Gravel and stone, transportation of, ^76 

Gunpowder, inspection of, 168 

H. 

Hampshire and Hampden Canal, 85 

" Court of Sessions in, ----- " 37 

Haverhill, First Parish, Trustees of Fund, - - - - 51 

" North Parish, Ministerial Fund, - - - - 115 

Hoosick River, fishery in, regulated, ----- 84 

Hotel, at Nahant, in Lynn, - -, 48 

I. 

Industry, House of, in Boston, 81 

Inspection of Beef, new regulation, -..--- 96 

" of Gunpowder regulated, ... - - 168 

Insurance Company, Boston, - 200 

" " Boston and Salem, - _ - - 164 

" " Commercial, 142 

" " Domestic, New England, - - - 152 

" " Essex Fire and Marine, - - - 113 

"^ " Franklin, 123 

" " General Interest, 155 

«' " Marblehead, - - - - - 129 

it « Mariners, ------ 161 

« " Merchants', at Salem, - - - - 139 

« " Mercantile Marine, _ - . - 190 

" " New England Marine, - - - - 158 

*' " Springfield, Fire, 196 

" " Worcester, Fire, - , - - - - 193 

Jerusalem, New, Society in Boston, 183 



Lanesborough, Episcopal Church in, 82 

Lands, partition of, held by coparceners, - - - . 109 

Law Libraries, fees of attornies to be paid to, - - - 74 

Littleton, Baptist Society in, 112 

Lotteries, penalty for selling tickets in, _ - - - 146 

Luke St., Church, 82 

M. 

Manufacture, Belvidere, Ill 

" Boston, Cordage, 46 

" Boston and Springfield, ... - - 72 



INDEX. 

Manufacture, Northampton, -------98 

Salisbury, 73 

Taunton, 68 

" Westport, 101 

Marblehead School Fund, 120 

" Insurance Company, - - - - - -129 

Mariners' Insurance Company, 161 

Massachusetts Turnpike, Ninth, to have a new gate, - - 102 

Medical Institution in Berkshire, ------ 67 

Merrimack and Shawsheen Rivers, fishery, - - - - 114 

Mesne process, attachments on, regulated, - _ - - 148 

Methodist Church in Nantucket, 49 

Militia, new regulations for, ------- 172 

Missionary Society, additional act, ----- 58 

N. 

Nahant Hotel at Lynn, allowed to hold more land, - - 48 

Names of persons changed, - - - - - - - 121 

Nantucket, Court of Common Pleas for, powers enlarged, - • 72 

" Methodist Society there, 49 

New England Domestic Insurance Company, - _ - 152 

" Marine Insurance Company, - - - . 158 

New Jerusalem Society in Boston, . . _ . - i83 

Northampton Manufactory, - - - - - -- 98 

North Bridgewater, First Parish in, 108 

O. 

Oxford Bank incorporated 103 

P. 

Parish, First, of North Bridgewater, 108 

Partition of land held by coparceners, ----- 109 

Paupers, State, described, age and ability to labor, - - 126 

Pews in Meeting House in Dover to be taxed, - - - 130 
Pickerel and pike in Randolph, Braintree and Canton, fishery for, 77 

Poor prisoners, what enlargement for, 133 

Process mesne, attachment on, 148 

Q. 

Quakers, donations among them regulated, and power to re- 
cover, ---------- 147 

R. 

Refuge, Penitent Females', in Boston, ----- 59 



INDEX. 

Replevin and Trover, actions in, regulated, - - - - 187 

Review, Writs of, may be granted by Courts of Common Pleas, 96 

Rogues, beggars, vagabonds and idle and lewd persons, - - 127 

S. 

Salisbury Manufacturing Company, 73 

Scituate and Cohasset Bridge, 69 

School Fund at Brighton, proprietors of, . ~ . - 75 

Free, at Marblehead, 120 

Sessions, extra term of Court, in Hampshire, - - - - 37 

Shipwrights' and Caulkers' Charitable Society, - - - 70 

Springfield Fire Insurance Company, 196 

" and Boston Manufactory, - - - - > 72 

Stone and gravel, transportation of, 176 

Suffolk County, Attorney's salary fixed, - - - - 97 

" mode of assessing taxes in, .,.--- 133 



Taunton River, dam across, authorized, - - - - 62 

" Manufactory, 68 

" Fishery in, regulated, ------ 61 

Taxes, mode of assessing, in Suffolk, ----- 133 

" on sales at auction, - - - - - - -135 

Towns, voters in, their qualifications, 179 

Trover and Replevin, actions in, regulated, - - - - 187 

Turnpike, Ninth, Massachusetts, allowed to erect a new gate, 102 



Universalist Central Society in Boston, . - _ - 

" Second Society in Cambridge, - - - - 

Vagabonds, rogues, beggars and idle persons to be confined to 

labor, -- -- 

Vendue, public, duty on sales at, - 

Vessels employed in carrying gravel, stones and sand, to be 

marked, ---------- 

Voters in town affairs described, 



W. 



Ware, Daniel Coney, annexed to, 
Weston, Baptist Society in, - 
West Cambridge, fishery in, 
Westport Manufactory, 
Windsor, Congregational Society, 



60 
159 

127 
135 

176 
179 



114 

56 

159 

101 

71 



INDEX. 

Writs of Review may be granted by Courts of Common Pleas, 96 
Woods, brush and coalpits prohibited burning, at certain times, ^ 

in Plymouth, - - -. 48 

Worcester Fire Insurance Company, 193 



Yarmouth and Dennis Bridge, 98 



LAWS 



CommonUJealtljofcJU^a^^arljuj^miJ. 



PASSED BY THE GENEKAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE TWENTY-EIGHTH 
OF MAY, AND ENDEU ON SATURDAY, THE FOUR TEENIH OF JUNE, ONE 
THOUSAND EIGHT HUNDRED AND TWENTY-THREE. 



Published agreeably to a Resolve of 16th January, 1812. 




BOSTON : 

PRINTEB BY TRUE AND GREENE, PRINTERS TO THE STATE. 
1823. 



LAWS 

OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE TWENTY- 
EIGHTH OF MAY, AND ENDED ON SATURDAY, THE FOURTEENTH OF 
JUNE, ONE THOUSAND EIGHT HUNDRED AND TWENTY THREE, 



CHAP. I. 

An Act to incorporate the Bunker Hill Monument As- 
sociation. 

Sec. 1. X*E 2^ enacted hy the Seriate and House of 
Representatives in General Court assembled, and hy 
the authority of the same, That Joseph Story, Jesse Persons incorpo. 
Putnam, Daniel Webster, Edward Everett, Samuel D/*'^ " 
Harris, Samuel Swett, Theodore Lyman, Junior, Ste- 
phen Gorham, Junior, Thomas H. Perkins, W. Tudor, 
Henry A. S. Dearborn, Benjamin Gorham, Franklin , 

Dexier, William Sullivan, George Ticknor, Charles 
R. Codman, Warren Dutton, Isaac P. Davis, Thomas 
Harris, Seth Knowles, Benjamin Welles, John C. 
Warren, George Blake, and Francis C. Gra^-, their asso- 
ciates and successors, be, and they are hereby made a 
body politic and corporate, by the name of The Bunker 
Hill Monument Association; with all the powers, and 
subject to all the duties of aggregate corporations, and 
for the purposes herein after named. 
S8 



208 BUNKER HILL ASSOCIATION. June 7, 183S. 

Sec. 2. Be it further enacted, That said Corpora- 
tion shall have power to take and hold by gift, grant 
or devise, such real and personal estate and property, 
as may he necessary or convenient to promote the ob- 
ject of the incorporation, the construction of a monu- 
ment in Charlestown, to perpetuate the memory of the 
early events of the American Revolution 

Sec. 3. Be it further enacted, That the said Henry 
A. S. Dearborn. William Tudor, and Theodore Ly- 
man, Junior, or any two of them may call the first 
meeting of said corporation, by giving three days pre- 
NoticeofMeet- vious notice thereof in tv\o public newspapirs, printed 
*"^'" in Boston ; at which, or at any subsequent meeting, the 

said corporation may choose such officers, agents and 
trustees as they may think proper, and establish such 
by-laws and regulations for their own government and 
the management of their concerns, not repugnant to the 
laws and constitution of this Commonwealth, as they 
may deem necessary; and the same may modify and 
annul at pleasure. 

Sec. 4. Be it further enacted. That said corpora- 
tion may, at any time, after said monument shall be 
To be transferred completed, asslsin aud transfer the same, with the land 

to the State. ■ • , • , i . , i-\ r-s 

on which it stands, and the appurtenances, to the Com- 
monwealth, and that the Commonwealth will accept 
the same : Provided, that the (commonwealth shall 
not thereby become liable for debts contracted by said 
corporation. 

[Approved by the Governor, June 7th, 1833.] 

CHAP. IL 

An Act concerning Surveyors of Highways in Boston. 

JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That the City Council of the 
City of Boston shall have the power and authority of 



CANAL MANUF. COMPANY. June 10, 18S3. S09 

electin^^, if they see fit, the Mayor and Aldermen of 
said City, surveyors of Highways for said City, any 
thing in the act establishing the City of Boston to the 
contrary notwithstanding. 

[Approved by the Governor, June 10th, 1833.] 



CHAP. III. 

An Act to incorporate the Canal Manufacturing Com- 
pany. 

-DE it enacted by the Senate and House of 
Mepresentatives, in General Court assembledy and by 
the authority of the same, That Patrick T. Jackson, and 
David JVloody, their successors and assigns, be, and 
they are hereby incorporated, by the name of the Canal 
Manufacturing company, for the purpose of making 
Machinery, and manufacturing Cotton, Iron and Wool, 
in the town of Chelmsford, with all the powers and 
privileges, and subject to all the duties and require- 
ments prescribed in an act, entitled, ^^ An act defining 
the General powers and duties of manufacturing cor- 
porations," passed the third day of March in the year 
of our Lord, one thousand eight hundred and nine, 
and the several acts in addition thereto ; and said Cior- 
poration may take and hold real and personal estate 
to the amount of six hundred thousand dollars, their capuai and 
real estate not to exceed fifty thousand dollars, exclu- 
sive of the improvements to be made thereon. 

[Approved by the Governor, June 10th, 18S3.] 



210 EDUCATION SOCIETY. June 10, 1823' 



CHAP. IV. 

An Act lo authorize the Trustees of the Baptist Edu- 
cation Fund to divide the same. 

13 E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same^ That the trustees of the Bap- 
tist Education Fund be, and they hereby are author- 
ized to pay over and deliver, one moiety of all the 
property in their hands belonging to said fund to the 
Education Society of the Warren Baptist Association, 
and the other moiety thereof to the Massachusetts Bap- 
tist Education Society : Provided however, that the 
whole of said property shall always be appropriated 
to the objects for which it was originally designed. 

[Approved by the Governor, June 10th, 1823.] 



CHAP. V. 

An Act in addition to an Act, entitled, <^An act to 
incorporate the Proprietors of the Charlestown 
Bleachery." 

Skc. 1. JlIE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the said Corporation 
be, and the same hereby is further authorized and em- 
powered to manufacture and print Cotton and other 
goods, continuing subject however to all the duties 
and requirements prescribed in the original act of in- 
corporation. 

Skc. 2. Be it further enacted, That the said Corpo- 
ration shall be authorized to increase their capital, in a 



LEICESTER MANUF. CO. June 13, 1833. 211 

sum not exceeding in amount the sum of thirty thou- 
sand dollars. 

[Approved by the Governor, June 10th, 1833.] 



CHAP. VI. 

An Act to incorporate the Leicester Manufacturing 

Company. 

Sec. 1. JjE it enacted by the Senate arid House of 
Representatives in General Court assembled^ and by 
the authority of the same, That James Auderton, Rich- p^'o"' incorpo- 
ard C. Cabot, Edmund Baylies, and Phillips Payson, 
with their associates, successors and assigns, be, and 
they hereby are incorporated, by the name of the Lei- 
cester Manufacturing Company, for the purpose of 
manufacturing woollen cloths in the town of Leicester ; 
and shall have all the powers and privileges and be 
subject to all the duties and requirements prescribed 
and contained in an act passed in the year of our Lord 
one thousand eight hundred and nine, entitled ^' an act 
defining the General powers and duties of Manufac- 
turing Corporations," and also the several acts supple- 
mentary thereto. 

Sec. 3. Be it further enacted^ That the said Leices- 
ter Manufacturing Company, in their corporate capaci- 
ty, may bold and possess such real and personal estate capuai. 
as may be necessary or convenient for carrying on the 
manufactures aforesaid ; provided the value of the same 
shall not exceed the sum of one hundred and fifty thou- 
sand dollars. 

[Approved by the Governor, June ISth, 1833.] 



319 



LINEN AND DUCK MANUF. June 13, 18S3. 



Meeting how 
called. 



Organized. 



CHAP. VII. 

An Act in addition to an Act, entitled ^* An Act to in- 
corporate the Linen and Duck Manufacturing Com- 



pany 



7? 



Sec. 1. x>E it enacted by the Senate and House of 
RejJresentativeSf in General Court assembled, and by 
the authority of the same, That Joseph R. Newhall, 
be authorized to call a meeting of the Stockholders aud 
Proprietors of the Linen and Duck Manufacturing Com- 
pany at such time and place within the town of Boston 
as he may think jiroper, by giving personal notice to 
said stockholders and proprietors four days before said 
meeting. 

Sec. 2. Beit further ewacfe^Z, That at such meeting, 
said proprietors and stockholders may proceed to re- 
organize their Corporation, to choose officers, make 
by-laws, aud do all acts and things, that grantees of a 
charter of incorporation, may usually, by law, do at 
their first meeting, and not repugnant to the laws and 
constitution of the Commonwealth. And all acts, mat- 
ters and things done at said meeting, and afterwards, 
upon the recognition, shall be legal and binding to all 
intents and purposes, in the same manner, that they 
would have been if said Corporation had been origin- 
ally, and ever afterwards had kept legally organized, 
and in operation. 

[Approved by the Governor, June 12th, 1833.] 



EXCHANGE BANK. June IS, 1823. S13 



CHAP, VIII. 

An Act in addition to an Act, entitled " An Act to in- 
corporate the President, Directors and Company of 
the Exchange Bank." 

Sec. 1. X>E it enacted by the Senate and House of 
Hepresentatives^ in General Court assembled, and by 
the authority of the same, That the President, Direc- 
tors and Company of the Exchange Bank be, and 
hereby are authorized and empowered to increase their inc^ase of 
present Capital stock, by an addition of one hundred 
thousand dollars thereto, wliich shall be paid in such 
instalments and at such times, as the President and Di- 
rectors of said Bank may direct and determine : Pro- 
vided, however, that the whole amount shall be paid 
in on or before the twentieth day of February next. 

Sec. 2. Be it further enacted, That the additional 
stock aforesaid shall be subject to the like tax, regula- conditions, 
tions, restrictions and provisions as the present capital 
stock of said Corporation is now holden, by virtue of the 
act to which this is in addition. 

[Approved by the Governor, June 121th, 18S3.] 



CHAP. IX. 

An Act to incorp orate the Trustees of the Ministerial 
Fund of the first Congregational Society in Wen- 
dell. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Joshua Green, Clark Persons inppr. 
Stone, Samuel Brewer, Josiah Richardson, John An- *"""**'' 
S9 



314 MINIS. FUND IN WENDELL. Jane 13, 1823. 



Powers of the 
Truiteei. 



drews, Lewis Stone, and Daniel Kogers, all inhabit- 
ants of Weadeli, be and they hereby are coiistituted 
and made a body politic and corporate, by the name of 
'^The Trustees of the l\3inisterial Fund of the First 
Congregational Society in Wendell," and by that name 
shall have perpetual succession, may sue and be sued, 
plead and be impleaded, may have a common seal, and 
shall possess and ei.jiiy such other powers and privi- 
leges as are incident to corporations of a like nature. 

Sec. 2. Be it further enacted, That the said trus- 
tees shall have power to take and receive into their 
hands and possession, all money, notes, bonds, or other 
securities now constituting the fund of said Congrega- 
tional Society, and may rece ve and hold such further 
subscriptions, donations, grants, bequests and devices 
as may hereafter be made to increase said fund, and 
the same to manage and put on interest, and to apply the 
income and interest thereof, annually, for the support of 

piwiso. the minister of said Society forever : Provided, however, 

the annual income of said fund shall not exceed one 
thousand dollars ; and if at any time the income of 
said fund shall exceed the amount of the annual salary 
of the Minister, the surplus may be applied to the in- 
creasing the said fund, or appropriated under a vote of 
the society to the promotion and encouragement of sa- 
cred music, or other parochial expenses. Jind provided 
also, that no appropriation of any gift, grant, or dona- 
tion shall ever be made contrary to the express inten- 
tion and direction of the donor. 

Skc, 3. Be it further enacted, That the number of 

Number of Tru»- Trustees shall never be more than seven, nor less than 
five ; and in all cases the attendance of a majority 
of the board of Trustees shall be requisite for the 
transaction of business ; and they shall have power to 
fill all vacancies that may happen by death, resigna- 
tion, removal or otherwise from the Inhabitants cf said 
society : Provided^ however, that the said Congrega- 
tional Society, at any legal meeting thereof may re- 
move any member of said Board of Trustees, who, 
through age, infirmity, misconduct or other cause, shall 
become unfit or incapable of discharging his duty. 



MINIS. FUND IN WENDELL. June IS, 1823. 215 

Sec. 4. Be it further enacted, That the said Trus- 
tees may appoint all such officers as may be necessa- Appointment o» 

*• . « . *^ Officers. 

ry for the manngement of theiranairs, and may make, 
adopt and execute all reasonable by-laws and rei^ula- 
tions that may be necessary and proper for tiie govern- 
ment of the said Corporation, and not repugnant to the 
Constitution and laws of this Commonwealth ; and 
they shail never receive any compensation for their 
services in mana2;ing the affairs of said Corporation, 
other than vvhat shall be allowed by the society at their 
annual meeting. 

Sec. 5 Be it further enacted, That the records and 
proceedings of the said Trustees, shall at all times be p^^ocTSt 
open to the inspection of any Committee that may be 
appointed for that purpose, on behalf of the said socie- 
ty ; and the said Trustees shall, whenever calied upon 
by a vote of said society, make a report of tlie state of 
the fund : And if the said S rustees or either of them, 
shall suffer the said fund to be impaired or diminished, 
through their personal misconduct or misapplication, 
they shall be severally liable and responsible to the 
said society to make good such loss, out of their private 
estate. 

Sec. 6. Be it further enacted, That the Hon. Joshua 
Green be, and he hereby is authorized to call the first 
meeting of said Trustees. 

[Approved by the Governor, June ISth, 1823.] 



CHAP. X. 

An Act to incorporate the Trustees of the Ministerial 
Fund of the Baptist Religious Society in Haverhill. 

Sec. 1. JJe it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the samCf That David How, James H. 



S16 MINIS. F. IN HAVERHILL. June 12, 182a. 

pmoni incoipo- DuncaQ, Leonaid White, Jonathan K. Smith, Charles 
««ed. Wliite, be, and they are hereby constituted a body 

politic and corporate, by the name of the Trustees of 
the Ministerial fund of the Baptist Religious Society 
in Haveihill ; and they and their successors shall be 
and continue a body politic and corporate by that name 
forever; and may have a common seal, and may sue 
and be sued, in all actions real, personal and mix- 
ed ; and may prosecute and defend the same to final 
judgment and execution by the name aforesaid ; and 
their deed, sealed with I heir common seal, subscribed 
by a majority of said Frustees and duly acknowledged, 
shall be valid in law. 

Sec, 3 Be it further enacted^ That the number of 
Nuinbei,power sald Trustecs shall never be more thnn seven nor less 
Trustees. li^'dii II ve, a majoritv of whom shall be a quorum tor 
transacting business, and they shall have power to re- 
* move any one of their number, who from age, infirmity 
or misconduct shall become disqualified to discharge 
the duties of a Trustee ; and any Trustee shall be 
deemed to have vacated his oflBcewho shall cease to be 
a member of said societ) ; arjd the vacancy so made and 
all vacancies which may happen by death, risignation 
Or otherwise shall be filled by the members of the Bap- 
tist Religious Society in Haverhill, at a legal meeting 
duly warned for that purpose, by ballot from the mem- 
bers of said Society ; and any donor to said fund to an 
amount not less than ©ne thousand dollars shall have 
the right of appointing one Trustee, by certifying such 
appv-inlment to said society at their annual meeting, 
which Trustee shall succeed to the first vacancy in the 
Board. 

Sec. 3. Be if further enacted, That the said Trus- 
tees shall meet annually in March or April, and at such 
other times as may be necessary to transact their busi- 
ness ; and at all meetings the Senior member present 
shall preside i and they shall, at their annual meeting, 
elect from their number a clerk, who shall be sworn to 
the faithful performance of his duties, and a Treasurer, 
who shall give bond with sufficient sureties to the ac- 
ceptance f>f the Trustees faithfully to do' and perform 
all the duties of his office. 



MINIS. F. IN HAVERHILL. June 13, 18S3. S17 

Sec. 4. Be it further enacted. That the said Trus- 
tees a,nd thi ir successors be and they are hereby em- 
powered to take, receive and hold all lands, ^oods or Proviso. 

*■. I'i , • p ±1 I'll Power to hold 

monies or the interest or income oi them, which have property. 
been or may hereafter be given contributed, devised 
or bequeathed to them or to the said Bap ist Religious 
Siciety in l^averhill, for the support of the Gospel 
ministry in said Society, or for any other laudable or 
pious uses connected with said Society: Provided, ^toyho. 
that the annual income of their funds shall never 
exceed the sum of fifteen hundred dollars ; and said 
Trustees and their successors or the major part of them 
shall have power to sell and convey all such real estate 
as they may become seized of, when duly authorized 
by said Society, at a legal meeting warned for that 
purpose ; and all sums of money which said 1'rus- 
tees shall receive, pursuant to this act, shall be loaned 
upon interest and secured by mortgage of land to twice 
the amount of the sum loaned, or by sufficient sureties 
with the principal, or invested in public funded securi- 
ties or Bank Stock, as they may judge expedient. 

Sec. 5. Be it further evaded, That the interest oi* App,;eation of 
income of said fund, shall be apjjropriated and applied *""'i*- 
to the support of a settled ordained Gospel vlinister in 
said Society of the particular Baptist sentiments, and 
shall be annually paid over to the society's treasurer 
for that purpose : Provided, however, that no part of proviso. 
the annual interest shall be expended, but shall be ad- 
ded to the principal, until the fund amounts to the 
sum of two thousand dollars ; and not more than two 
thirds of the annual interest shall be expended until 
the fund amounts to the sum of three thousand dollars ; 
and whenever said society shall be destitute of a settled 
Minister, no part of the interest of said fund shall be 
expended, but shall be added to the principal ; and 
whatever is once added to the principal, shall be con- 
sidered as principal ; and provided that in all cases in 
which the donors, or testators shall limit and appoint 
the uses and appropriation of the money or other proper- 
ty, or the interest or income thereof, by them respec- 
tively given or bequeathed, it shall be the duty of said 
Trustees to use and appropriate the same agreeably to 



S18 



MINIS. F. IN HAVERHILL. June 13, 1823. 



Duties of Trus- 
tees* 



Compensation. 



the intention and appointment of said donors or testa- 
tors ; and it shall never be in the power of said 'I rus- 
tees, or of said society to alter or change ihe appropria- 
tion of said fund, or alienate the same, or expend any 
portion of the principal thereof. 

Sec. 07 Be it further enacted, That it shall be the 
duty of said Trustees to manage the said fund with 
care and vigilance, so as best to promote the design 
thereof and to report annually to said Society at their 
annual meeting, or to a select committee, if the hociety 
choose one for that purpose, the state of the fund, what 
property they hold, and how the same is vested or se- 
cured, and the receipts and expenditures of the preced- 
ing year. Their Clerk shall record all votes and doings 
of the Trustees in relation to the fund, and certify the 
same, and shall notify meetings of said '1 rustees when 
required by any two of them. The Treasurer shall 
record and keep an accurate statement of the funds and 
estate in his hands and the nature and amount of every 
donation or bequest, the time when made, the design 
thereof, and the donors' or testators' name and place of 
abode at large, with such other circumstances as said 
Trustees may tiunk proper ; and shall pay over 
promptly to the society's treasurer, the interest or in- 
come appropriated to the support of a minister when 
duly required ; and the said Trustees shall be sever- 
ally and individually liable to said society in a special 
action on the case, for any violation of the provisions of 
this act, or for any negligence or misconduct in their 
respective offices, and the damages recovered shall be 
for the benefit of said fund. 

Sec. 7- Be it further enacted, That the said Trus- 
tees shall receive no compensation for their services, ex- 
cepting such as may be voted them by said society at a 
legal meeting ; and David How, Esquire is hereby au- 
thorized to fix the time and place of holding the first 
meeting and to notify the Trustees of the same. 

[Approved by the Governor, June 12th, 1833.] 



ELLIOT MANUFACTORY. June 13, 1833. S19 



. > CHAP. XL 

An Act to incorporate the Elliot Manufacturing Com- 
pany. 

Sec. I. UE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Frederick Cabot, penons incorpo 
Samuel Cabot and James Perkins, tlieir associates,"""^' 
successors and assigns, be, and they hereby are made a 
Corporation, by the name of The Elliot Manufacturing 
Company, for the purpose of manufacturing cotton 
goods at Newton in tlie County of Middlesex ; and for 
this purpose shall have all the powers and privileges, 
and be subject to all the duties and requirements con- 
tained in an act passed on the third day of March in 
the year of our Lord one thousand eight hundred and 
nine, entitled *' an Act defining the general powers and 
duties of manufacturing corporations,'' and the several 
acts in addition thereto. 

Skc. 2. Be it further enacted^ That said Corpora- ^^^^^^^^j. 
tion may be lawfully seized and possessed of such real ^V'tai. 
estate, not exceeding thirty thousand dollars in value, 
exclusive of buildings and improvements that may be 
made thereon by the said corporation, and of such per- 
sonal estate, not exceeding three hundred thousand 
dollars in value, as may be necessary and convenient 
for carrying on the manufacture aforesaid. 

[Approved by the Governor, June ISth, 18S3.] 



220 



LIGHT HOUSE. MILITIA. 



June IS, 1823. 



CHAP. XIL 

An Act to cede to the United States the jurisdiction of 
a site for a Light house on Monamoy Point. 

JOE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same^ That the consent of this Com- 
cession. monwcalth he and hereby is granted to the United 
States to purchase a tract of land, not exceeding four 
acres, which shall be found necessary for the Light 
house, authorized by Congress to be built on Monamoy 
Point in the County of Barnstable ; and may hold the 
same during the continuance of the use and appropria- 
proviso. tion aforesaid : Provided^ that this Commonwealth shall 

retain and does hereby retain concurrent jurisdiction 
with the United States, in and over said land so far as 
that all civil and criminal processes issued under the 
authority of this Commonwealth, or any officer thereof, 
may be executed on any part of said land, or any 
building which may be erected thereon, in the same 
way and manner as though this consent had not been 
granted as aforesaid, 

[Approved by the Governor, June 12th, 1823.] 



CHAP. XIIL 

An Act in addition to an Act, entitled " an Act to pro- 
vide for the discharge of officers of the Militia." 

JoE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authoritti of the same. That whenever any cosps has 
been or shall be disbanded by law, the commissioned 
officers belonging to the same shall be exempt from 
further duty in the Militia, in the same manner as if 
they, respectively, had served in the Militia for five 
years. 

[Approved by the Governor; June 12th, 1823.] 



UNION MARINE INS. CO. June 12, 1823. S2l 



CHAP. XIV. 

An Act in addition to the Act, entitled, '^ An act to 
incorporate the Union Marine Insurance Company," 
and the several acts in addition thereto. 

-15 E it enacted by the Senate avd House of 
Kepresentatives in General Court assembled, and by 
the authority of the same, That the act entitled " An 
act ta incorporate Jonathan Mason and others, into a 
Company by the name of the Union Marine Insurance 
Company," passed on the twenty-ninth day of Februa- 
ry in the year of our Lord oue thousand eight hundred 
and four, and an act in addition thereto, passed on the 
fourth day of February one thousand eiii;ht hundred 
and five, also an act in further addition thereto, passed 
on the fourth day of December, one thousand eight 
hundred and sixteen, shall be and remain in force for Powers of the »« 
the terra of' twenty years, from and after the twenty- ^Vm?„dedftr* 
ninth day of February, in the year of our Lord one^°^'^*"' 
thousand eight hundred and twenty-four, with all the 
powers and privileges granted by an act entitled " An 
act to define the powers, duties, and restrictions of In- 
surance Companies" passed the sixteenth day of Febru- 
ary in the year of our Lord, one thousand eight hun- 
dred and eighteen : Provided, however, that said Cor- ^''°''"'* 
poration shall be subject to all the duties and re- 
quirements prescribed and contained in the said act, 
entitled ^' An act to define the powers, duties and re- 
strictions of Insurance Companies," ami that the said 
Union Marine Insurance Company shall be liable to be 
taxed by any general law providing for the taxation of 
all similar Corporations. 

[Approved by the Governor, June 12th, 1823.] 
30 



ni 



122 xMUSEUM HALL. June 12, 18S3. 



CHAP. XV. 

An Act, in addition to an Act, entitled '^ An Act to in- 
corporate the proprietors of Museum Hall in the 
town of Boston." 

Sec. 1. JlJE 2i enacted by the Senate and House of 
Mepresentatives in Ge'neral Court assembled, and by 
the authority of the same, That from and after the 

Name changed, passing of this act, the name of the Proprietors of the 
Museum Hall shall be changed, and the said Corpora- 
tion shall assume, and ever after bear the name of the 
Fifty Associates. 

Power to increase ^^^- ^' ^^ it further eiiacted, That the said Corpora- 

shares. ^JQjj may at any time when they deem it expedient, in- 

crease their present number of shares by a number not 
exceeding four hundred, and that said four hundred 
shares shall be held as the common property of the 
Corporation, until they shall be either divided among 
the said fifty associates, ^^^'o rata, according to the num- 
ber of shares which said associates may at the time pos- 
sess, or sold, or otherwise disposed of, in such manner 
as said associates may hereafter determine. 

Sec. 3. Be it further enacted, That the said Corpo- 

M^y uid real patiou is hereby declared and made capable to have, 
hold and possess real, leasehold, or other estate, with- 
out and beyond their present described limits, with full 
power to build, improve, alter, pull down and rebuild, 
and to manage, exchange and dispose of the same, ac- 
cording to the general powers heretofore granted to said 

Pi-oYiio. Corporation : Provided, always, that the provisions 

hereafter enacted for the purchase of said real estate, 
shall never be exceeded. 

Sec. 4. Be it further enacted^ That when a ^wv- 

be made?" ""*' ^^^®® ®^ ^^^^ estate is to be made, such an assessment 
as may be deemed necessary for said purchase, may be 

Proviso. laid on the above mentioned shares : Provided always, 

that the amount of all the assessments taken together, 
on said shares, shall never exceed the sum of two hun- 
dred dollars on each share. 

[Approved by the Governor, June 12th, 1823.] 



BROOKLINE CLAS. SCHOOL. June 13, 1833. 233 



CHAP. XVI, 

An Act to incorporate certain persons by the name of 
the Proprietors of Brookline Classical School. 



Sec. 1. JlSE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That John Pierce, Richard Penom incorpo. 
Sullivan, Klisha Penniman, Henry Coleman, Henry '^^' 
A. S. Dearborn, Henry Oxnard, Charles Tappan,Lewis 
Tappan, John Tappan, William R. Lee, John Rob- 
inson, Oliver Whyte, Elijah ('orey, Timothy Corey, 
Thomas Griggs, Samuel Craft, David S. Greenough, 
Junior, Joseph Sevvall, Ebenezer Crafts, James Leeds, 
Ebenezer Francis, Ebenezer Heath, Augustus Aspin- 
wall, and Charles Wild and their associates and suc- 
cessors be, and they hereby are made a body politic and 
corporate, by the name of the Proprietors of Brookline 
Classical School ; and by that name may sue and be 
sued in all actions, real, personal or mixed, and prose- 
cute and defend the same to final judgment and execu- 
tion, and by that name shall be and continue a body 
politic forever. 

Sec. S. Be it further enacted, That said Corpo- ejection of 

•' , » onicers. 

ration shall have full power to elect from time to time 
such oflficers as it may determine to be necessary and 
convenient for the management of its concerns, to ascer- 
tain their duties and fix the tenure of their offices : and 
to ordain and establish rules, orders and by-laws, not 
repugnant to the laws of this Commonwealth, for the 
regulation and government of said School. 

Sec. 3. Be it further enacted. That said Corpo- Amount of enau 

to be holdeni 

ration may be lawfully seized and possessed of real 
estate the annual income of which shall not exceed two 
thousand dollars, and of personal estate the annual in- 
come of which shall not exceed five thousand dollars. 

Sec. 4. Be it further enacted, That the property of 
said Corporation shall be divided into such number of 
shares as the Corporation shall at its first or any subse- 
quent meeting determine 3 that the shares shall benum- 



^^1 



BROOKLINE CLAS. SCHOOL. June 13, 18S3. 



Asseiiment on 
sharei. 



Common seaU 



bered in progressive order, and every proprietor sball 
have a certificate under the seal of the Corporation, 
signed by the President and countersigned by the Se- 
cretary, certifying his property in such share ; and any 
share may be alienated by the Proprietor by deed under 
Ids hand and seal acknowledged before a Justice of the 
Peace and recorded by the Clerk in a book to be kept 
for that purpose : each share shall entitle the proprie- 
tor thereof j;o one vote at the corporation meetings. 

Sec. 5. Be it further enacted, That the said Corpo- 
ration may from time to time at any legal meeting 
assess upon each share such sum or sums of money as 
shall be judged by the said Corporation necessary for 
the building a school house, keeping the same in repair 
and making such additions thereto and improvements 
as the said Corporation may from time to time deem 
expedient. And if the sum assessed on any share 
shall be in arrear and unpaid for ten days after the same 
shall be due, the Treasurer shall have full power and 
authority to sell such share at public auction to the 
highest bidder, the time and place of such sale being 
made public at least five days before such sale, in such 
manner as the Corporation shall have before directed, 
by some uniform rule or by-law made for that purpose : 
And the '^IVeasurer shall deduct from the purchase mo- 
ney so much of the said assessment as shall be in arrear, 
and the reasonable charges of sale, and the residue he 
shall pay to the delinquent proprietor. 

Sec. 6. Be it further enacted, That the said Corpo- 
ration may have a common seal, and the same may alter 
at pleasure. 

Sec. 7- Be it further enacted, That the Reverend 
John Pierce be, and he hereby is authorized and em- 
powered to call the first meeting of said Corporation, 
and to fix the time and place for holding the same.giving 
to each proprietor named in this act a written notice 
thereof. 



[Approved by the Governor, June 13th, 1823.] 



MERRIMAC MANUFACTORY. June 13, 1823. 335 



CHAP. XVII. 

An Act in addition to an Act, entitled " An Act to in- 
corporate the jVlerrimac Manufacturing Company.*' 

JJE it enacted hij the Senate and House of 
Representatives, in General Court assembled^and by the 
authority of the same, That the Merrimack Manufactur- 
ing Company be, and they are hereby authorized to m-i„^^^^„f 
crease its capital stock by adding thereto the sum of ^"''"*' ^'*'"'- 
six hundred thousand dollars or any smaller sudi, and 
may purchase therewith real estate, not however ex- 
ceeding in value one quarter of the sum hereby permit- 
ted to be added, exclusive of buildings and improve- 
ments made by said Corporation. 

[Approved by the Governor, June 13th, 1823.] 



CHAP. XVIII. 

An Act to incorporate The Boylston Medical Society 
of Harvard University. ♦ 

Sec. 1. Ue it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Enoch Hale, Junior, Persons inco^. 
Zabdiel Boylston Adams, John Ware, John Phillips ^"''''' " 
Spooner, and David W. Gorham, together with such 
other persons as now are or hereafter may be associat- 
ed with them, be and they hereby are incorporated into 
a society by the name of the Boylston Medical Society 
of Harvard University, for the purpose of promoting 
emulation and enquiry among the Students at the 
Medical School connected with Harvard University, 
and others ; and by that name shall be a Corporation 
for ever, with power to have a Common seal, to sue 



3S6 BOYLSTON MED. SOCIETY. June 13, 1823 



and be sued, to establish by-laws not repugnant to the 
constitution and laws of this Commonwealth, to choose 
a President and such other oificers, as may be deemed 
expedient, and to take and hold any real or personal 
estate, by gift, grant, purchase, or otherwise, and the 
same to alien or convey, provided the annual income 
thereof shall not exceed tlie sum of five hundred dol- 
lars. 

Sec. 3. Be it further enacted. That the members of 
Ss^'rs." "*^ said Society shall have power to elect annually seven 
Trustees, who shall be practising; physicians in this 
Commonwealth, and the Board of Trustees shall have 
the sole management and controul of all the permanent 
funds of said society, but the annual income thereof 
shall be disposed of in such manner as the Society shall 
direct. 

Skc. 3. Be it further enacted, That the persons 
named in this act, or any three of them, shall have power 
to call the first meeting of said society, at such time and 
in such manner as they may think proper. 

[Approved by the Governor, June 13th, 1823.] 



CHAP. XIX. 

An Act to incorporate the Trustees of the Ministerial 
Fund of the first Parish in Longmeadow. 

Sec. 1. xJe it enacted ly the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That David Booth, Calviu 
Hurt, William White, Ethan Ely, and Alexander 
rated. Field,all inhabitants of the first parish in Longmeadow, 

be and they hereby are constituted a body politic and 
corporate, by the name of the Trustees of the Ministe- 
rial Fund in tho P'ivst Parish in Longmeadow ; and 
by that name shall have perpetual succession ; may 
sue and be sued, plead and be impleaded, may have a 
common seal, and shall possess and enjoy such other 



Person I inoorpo- 



THUS. IN LONGMEADOW. June 14, 1823. 227 

powers and privileges as are incident to corporations of 
a like nature. 

Sec. 2, Be it further enacted, That the said Trus- 
tees shall have power to take and receive into their ^°^^J '» '"^ve 
hands and possession the whole of the funds at present 
belonging to said parish, and to sell the ministry lands 
or any part thereof, belonging to said parish, at such 
time, and in such manner as the inhabitants of said 
parish shall authorize and direct, and to make and ex- 
ecute deeds thereof to the purchasers, and may receive 
and hold such further subscriptions, donations, grants, 
bequests and devises, as may hereafter be made to 
them, or the inhabitants of said parish ; the interest of 
which fund shall be forever appropriated annually to- 
wards the support of such Congregational Minister as 
shall or may from time to time be ordained over the 
Church and Society in said first parish : Provided, 
however, the animal income of said fund shall not ex- 
ceed twelve hundred dollars : And provided also, that 
if the income of said fund shall at any time exceed the 
amount of the annual salary of the Minister, the sur- 
plus may be appropriated under a vote of the parish to 
the promotion and encouragement of Church music 
and other parochial expenses. 

Sec. 3. Be it further enacted, That the Inhabitants 
of said Parish at any legal meeting to be called fort'^er'^'"""" 
that purpose within one year from the passing of this 
act, may increase the number of Trustees, by electing 
by ballot, an additional number, not exceeding two, to 
those named in this act. And if the said inhabitants 
shall neglect to make such election, the Trustees herein 
named, are hereby authorized, if they see fit, to choose 
an additional number of Trustees, so that the whole 
number shall never exceed seven ; and in all cases the 
attendance of a majority of the Board of Trustees 
shall be requisite for the transaction of business. 

Sec. 4. Be it further enacted. That whenever any 
vacancy shall happen among said Trustees, by death, 
resignation, removal or otherwise, the said parish at 
any legal meetiuij; called for that purpose, may fill up 
the vacancy, but if the p.irlsh shall neglect to fill up 
any such vacancy for the space of three months after it 



Vacancies, how 
fiUeU. 



SS8 



TRUS. IN LONGMEADOW. 



June 14. 1828. 



OffiMrs. 



Trustees liable. 



shall happen, the said Trustees are authorized to elect 
some suitable inhabitant of said parish, to fill up the va- 
cancy in their board. 

Sec. 5. Be it further enacted, That the said Trus- 
tees shall appoint a clerk who shall be under oath 
faithfully to record all the votes and transactions of the 
Board, and a Treasurer, who shall give bond to the 
Trustees and their successors, with sufficient surety 
with condition to do and perform all the diities incum- 
bent on him as Treasurer ; which officers shall hold 
their respective offices until others shall be chosen to 
succeed them. 

Sec. 6. Be it further enacted, That the records and 
proceedings of the Trustees shall at all times be open 
to the inspection of any committee, that maybe appoint- 
ed for that purpose on behalf of the parish, and the 
Trustees shall, whenever called upon by vote of the 
parish, make a report of the state of the fund. And if 
the said Trustees or either of them shall suffer the said 
fund to be impaired or diminished through their per. 
sonal misconduct or misapplication, they shall be seve- 
rally responsible to the parish to make good such loss 
out of their private estate. 

Sec. 7- Be it further enacted. That David Booth be, 
and he hereby is authorized to call the first meeting of 
the Trustees. 

[Approved by the Governor, June 14th, 1823.] 



CHAP. XX. 



An Act for annexing a Gore of land therein described, 
w^ith Abel Wesson and John Wesson, living on the 
premises, to the town of Grafton. 

-DE it enctctpd hy the Senate and House of 
Representatives, in General Court as'^embled, and hy 
the authority of the same, That Abel Wesson and John 



STATE PAUPERS. June 1% 1823. 

Wesson with the following described Gore of Laud, be 
annexed to the town of Grafton, to wit : Beginning at 
the northwest corner of tlie town of Grafton on Millba- 
ry line, thence on said Millhury line to the northeast 
corner of said town, thence on the same course, north 
two degrees west, to Flint's pond, (so called) thence 
bounding down said pond to the outlet thereof, thence 
down the thread of said outlet, until it meets Little 
Blackstone river, thence down the centre of said river 
until it intersects the line of said Grafton, thence on 
said Grafton line to the first bounds : And ihat in fu- 
ture the said Abel and John shall be entitled to all the 
privileges and subject to all the duties incident to the 
inhabitants of said town of Grafton. 

[Approved by the Governor, June 14th, 1833.] 



CHAP. XXL 

An Act relating to State Paupers. 

Sec. 1. -tSE it enacted by the Senate and House of 
Repi'esentativei)% in General Court assembled, and by 
the authority of the same, That from and after the first p^jons not con- 
day of June one thousand eight hundred and twenty- "''"^"^p*"''^'** 
three, no male person over the age of twelve years and 
under the age of sixty years, w^hile of competent health 
to labour shall be considered a State Pauper and enti- 
tled to support as such. 

Sec. 2, Be it further enacted, That whenever the 
Overseers of the Poor in any town or city within this 
Commonwealth, shall exhibit an account against the same 
for the support of Paupers, after the first day of June 
one thousand eight hundred and twenty-three, they shall 
certify, that no part of such account is for the support of 
any male person over the age of twelve years, and under 
the age of sixty years while of competent health to lab. r. 

Sec. 3. Be it further enacted, Thsit the act, entitled Repeal of former 
^^ An act relating to State Paupers." passed Ft'bruary""" 
10th, 1823, be and the same is hereby repealed. 

[Approved by the Governor, June l-ith, 1823.1 
SI 



S30 AGRICULTURE AND MANUF. June i% 18^3. 

CHAP. XXll. 

An Act to continue in force, for the term of five years, 
an Act, entitled " An Act for the encouragement of 
Agriculture and Manufactures.'^ 

JdE it enacted by the Senate and House of 
Hepresentatives in General Court assembled, and by 
Act to continue the authoritv of the same. That an act for the en- 
couragement of Agriculture and Manufactures, passed 
on the twentieth day of February, in the year of our 
Lord one thousand eight hundred and nineteen, shall 
continue and be in force for five years from the twenti- 
eth day of February, which will be in the year of our 
Lord one thousand eight hundred and twenty -four, any 
thing in the seventh section of said act to the contrary 
notwithstanding. 

[Approved by the Governor, June 14th, 1833.] 



CHAP. XXllL 

An Act making provision for the holding of an addi- 
tional term of the Supreme Judicial Court, in the 
County of Hampden. 

Sec. 1. -t>E it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That from and after the pas- 
sing of this act, a term of the Supreme Judicial Court, 
to be holden by one or more of the Justices thereof, 
shall be annually holden at Springfield, within and for 
the County of Hampden on the first Tuesday of Sep- 
tember. 

Sec. S. Be it further enacted, That all writs, ap- 
peals, recognizances, processes, and every other matter 
and thing of what kind soever the same may be, return- 



where to be 

holden. 



PROBATE COURTS. June i% 1828. 231 

able to or now pending in the Supreme Judicial Court 
at the term thereof already established in said County, 
and all parties and persons required before the passing 
of this act to appear and attend at the term aforesaid, 
shall be returned to, entered, appear, attend and have 
day, be tried and determined in said Court at the term 
established by this act, pursuant to the true intent and 
meanit g thereof. 

[Approved by the Governor, June 14th, 18S3.] 



CHAP. XXIV. 

An Act in addition to an Act, entitled ^^ An act to 
regulate the jurisdiction and proceedings of the 
Courts of Probate." 

x5E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the provisions of the ^j^**°'|?^ °*' "•• 
seventh section of the act, entitled " An act to regulate 
the jurisdiction and proceedings of the Courts of Pro- 
bate," so far as the same respect appeals and trials by 
Jury, be and the same are hereby extended to all cases, 
where the private claim of the executor or administra* 
tor against his testator or intestate is the question in 
«ontroversy ; And the like proceedings shall be had in 
such cases, in relation to appeal and trial by Jury as 
are provided in and by said seventh section. 

[Approved by the Governor, June 14th, 18S3.] 



Power of Jaiticea ' 



S3S ROGUES, VAGABONDS, &c. June 14, 1823 



CHAP. XXV. 

An Act in further addition to an Act, entitled " An 
Act fur suppressing and punishing of Rogues, Va- 
gabonds, (.'ommon Beggars, and other idle, disor- 
derly and lewd persons." 

x5e it enacted by the Senate and House of 

Representatives in General Court assembled, and by 

Jhe authority oj the same, That it shall be lawful for the 

of Police Court; Justices of the Police Court, within and lor the City of 
l$oston, to send and commit unto the House of Correction 
witliin the said City, or unto any house or place provided 
and used as such, under and by virtue of the act, enti- 
tled " an Act for suppressing and punishing of llogues, 
Vagabonds. Common Beggars, and other idle, disorder- 
ly and lewd persons," in addition to the persons therein 
described, and enumerated, any person or persi;ns 
selling liquor without licence, in any house, shop, room 
or hall, used for the purpose of dancing, tipling, gam- 
bling, or fi>r the general resort of loose, lascivious, wan- 
ton or dissolute persons, and upon conviction or com- 
plaint as in said act is provided, the person or persons 
so sent or committed, are to be kept and governed ac- 
cording to the rules and orders of the said House of 
Correction ; or the said Justices of the Police Court, at 
their discretion, may punish any offender or offenders 

May impoie fines under said act. by fine, not exceedins; twenty dollars, or 

Or impnioDmeut. . •' . i • i 

imprisonment, not exceeding sixty days in the common 
jail of the County of Suffolk. 

[Approved by the Governor, June 14th, 1823.] 



PEW TAX IN iMARSHFIELD. June i% 1823. 233 



CHAP. XXVI. 

An Act authorizing the taxing of Pews in the North 
Meeting House in Marshlield. 

Sec. 1. -OE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That the North parish in p<»wer to raiw 
Marshfield, in the County of Plymouth, be and hereby «?»'«, &c. 
are empowered to raise any sum or sums of money 
which the members of said parish may hereafter, at any 
legal meeting called for the purpose, vote to raise for 
the repairing and taking care of said meeting house, 
and for ringing and tolling the bell, by a tax on the 
pews in said meeting house in Marshlield. 

Sec. 2. Be it further enacted, That for the equi-y^i^j^jj^^^f 
table apportionment of the taxes, to be assessed on said p^*' ''y * ^"'°" 
pews, the members of said parish or society shall cause 
a valuation thereof to be made by a Committee to be 
chosen by them for that purpose, and the report of such 
Committee, stating the respective numbers and value of 
said pews, shall, when accepted and recorded, be 
binding on all persons interested, for the purpose of 
taxation as aforesaid. 

Sec. 3. Be it further enacted. That the sums voted Moneyroted, 
to be raised on said pews shall, within six months jj"'';,';';^.''''^'" " 
after such vote, be apportioned and assessed thereon, by 
the assessors of said society for the time being, accord- 
ing to such valuation : Provided, however, that said 
society may by vote except from taxation such pews as 
they may think fit, not exceeding three in number on 
the lower floor, and as many in the gallery as they may 
think proper, and instruct said assessors accordingly, 
who shall omit such pews in the assessments. 

Sec. 4. Be it further enacted. That said assessors 
shall as soon as may be, make out a fair and correct list 
of the taxes assessed on each of said pews, according to 
this act, and deliver the same to the Treasurer of said 
society ; and it shall be the duty of said Treasurer to 
give notice of such taxation and assessment to all con- 



S34 



PEW TAX IN MARSHFIELI). June \% 1823 



To enforce 
payment of 
atjenmenu— 



Pewj may be 
sold. 



Provisoi 



cerned, by posting a copy of said list in three pub- 
lic places in said town, at least twenty days before 
the expiration of the time limited by vote of said soci- 
ety for the payment thereof, and calling on all persons, 
interested therein, to pay him the several sums so as- 
sessed according to the vote aforesaid. 

Sec. 5. Be it further enacted^ That in case any 
person, having a right to any pew taxed as aforesaid, as 
tenant thereof^ and notified in manner aforesaid, shall 
neglect or refuse to pay said tax according to the vote 
of said society, it shall be the duty of said Treasurer 
(who shall also be Collector) and he is hereby author- 
ized and empowered to enforce payment thereof by any 
of the legal means by which payment of ordinary town 
or parish taxes nay be enforcd. 

Sec. 6. Be it further enacted, That if any person 
or persons at present entitled, or who shall hereafter be- 
come lawfully entitled to any of said pews, either as 
owner in fee, or as tenants for a term of time exceeding 
one year, shall neglect or refuse to pay any tax assess- 
ed as aforesaid, after notice thereof as herein above pro- 
vided, in the manner and within the time prescribed by 
vote of said society, it shall be the duty of said Trea- 
surer and he is hereby authorized and empowered to 
sell the pews thus owned or held in tenancy, and all 
the right and title of such owner or tenant upon which 
such tax or part thereof shall remain unpaid at public 
auction to the highest bidder; and his deed to the pur- 
chaser, recorded according to law, shall give to the 
purchaser all the right, title and interest in such pew, 
which said former owner or tenant had in and to the same: 
Provided, however, that the Treasurer aforesaid, shall 
after the expiration of the time, limited by vote of the 
Society for the payment of such tax, give twenty days 
notice of the time and place of the vendue, by posting 
advertisements in two public places in said town, stat- 
ing the number of the Pew to be sold, and the tax due 
upon it ; and the remedy provided in this section shall 
be the only mode of collecting said taxes in all cases 
where the owner or tenant has, or shall have a right as 
owner or tenant to any pew^ so taxed for a term of time 
exceeding one year. 



WRENTHAM PARISH. June i% 1823. 23d 

Sec. 7. Be it further enacted, That if the Treasurer ^jdj;»^^;»«'«nt 
shall deem an adjournment of his sales necessary, he 
may adjourn from time to time, not exceeding seven 
days at one time, until they be completed ; and in all 
cases he shall pay over to the former owner or tenant, 
the balance of monies in his hands arising from such 
sales, after deducting the taxes due, and his own rea- 
sonable charges for advertising and selling the same. 

Sec. 8. Be it further enacted, That the owner or 
proprietor of any pew sold as aforesaid, may at any 
time before the expiration of six months from the time of 
said sale, redeem tlie same by paying to the purchaser, 
his heirs or assigns the amount of tlie purchase money 
with interest, who shall thereupon reconvey the same 
to such owner or proprietor, his heirs or assigns. 

[Approved by the Governor, June 14th, 1823.] 



CHAP. XXVII. 

\xi Act to incorporate the North Parish Congregational 
Funding Society in Wrentham, 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and bij 
the authority of the same, That Caleb Sayles, Daniel Person, incoi- 
Cook, Ebenezer Blake, Claudius D. Hay ward, Anson ^'*'*'"* 
Mann, Duty Sayles, Asa Harding, Joseph Ware, Ben- 
jamin Rockwood, David PondJ Metcalf Merrifield, 
Josiah Codding, Asa Ware, Josiah Ware, Asa Ware, 
Junior, Jacob Pond, Darius Ware, Solomon Blake, 
Stephen Turner, Samuel Pond, Jared Wilson, Enoch 
Wilson, Amos Ware, George Blinn, Simeon Thomp- 
son, Junior, with such as may hereafter be associated 
with thera,be,aud they hereby are incorporated into a so- 
ciety, by the name of the North Parish ('ongregational 
Funding Society in Wrentham ; with power to have a 
commoa seal, to sue and be sued, and to make by-laws, 



336 WRENTHAM PARISH. June 14, 1823. 

rules and regulations for the government of said socie- 
ty : Provided, the same be not repugnant to the consti- 
tution and laws of this Commonwealth. 

Sec. 3. Be it further enacted, That said society, 
JJer'^"*'"^'""at a legal meeting thereof, may have power to choose 
five trustees who shall have the management of the 
prudential affairs of the Society, call annual meetings 
and all other meetings thereof, by causing notifications 
of the same, to be posted by their Clerk at the parish 
meeting house seven days at least before said meetings ; 
a Clerk, who shall be sworn by the moderator of the 
meeting, or some Justice of the Peace, to the faithful dis- 
charge of his duty, and who shall record all the votes of 
the society, and notify all meetings when thereunto di- 
rected by the Trustees as aforesaid ; a Treasurer who 
shall give bonds in such manner as the Trustees shall 
direct, and receive into his hands all notes, monies and 
other property of said society, and. under the direction 
of the Trustees aforesaid, shall put the same to use, or 
vest the same in stocks, or banks, or loans on interest, as 
they may direct. 

Sec. 3. Be it further enacted, That said society 
Time of meeting, shall meet annually for the transaction of business, and 
the choice of their officers, at or about the time of the 
annual parish meetings, at which time the Trustees 
shall exhibit a fair statement of their proceedings, and 
of the state of the funds of said society ; and the income 
of the same, after deducting society charges, shall be 
ppropriation. ^j^j^yj^|]y appropriated for the support of a Calvinistic 
Congregational Minister in said North Parish ; and 
for that purpose the Treasurer of said parish is hereby 
authorized to denrand and receive the same annually. 
Sec. 4. Be it further enacted, That said society 
Power to receive shall be, and hereby are made capable in law of re- 
ceiving and holding any grants or devises of lands or 
tenements in fee simple, and any donations and bequests 
of money, or other personal estate, to any amount for 
the purposes aforesaid : Frovided, the annual income 
thereof shall not exceed the sum of six hundred dollars. 
Sec. 5. Be it further enacted, That said society, at 
any legal meeting thereof, may have the power of admit- 
ting new members, by their paying or securing to the 



A. k C. BAILEY. June i% 1823. S37 

Treasurer thereof a sum of monep, not less than sixteen 
dollars and sixty-seven cents each ; and of dismissing 
any member therefrom by returning the capital of his ^ 

subscription, whenever he may remove from said parish, 
not having owned any real estate therein. 

Sec. 6. Be it furthpr enacted, Thut Caleb Sayles be 
hereby authorized to call the first meeting of said So- 
ciety by postiug up a notification of the time and place 
for the same, at said parish meeting honse, seven days 
at least previous to said meeting. 

[Approved by the Governor^ June 14ith, ISSS.J 



CHAP. XXVIll. 

An Act to set off Amasa Bailey and Caleb Bailey, 
Junior, with their estates from the town of Scituate, 
and annex them to the town of Cohasset. 

X>E it enacted bij the Senate and House of 
Rppresentatwes.in General Court assemhled,and by the 
authority of the same. That Amasa Bailey and Caleb 
Bailey, Junior, with their dwelling, buildings, and 
homestead, containing about ninety acres of land, be, 
and they hereby are set off from said tow^n of Scituate, 
in the County of Plymouth, and annexed to the town 
of Cohasset, in the County of Norfolk ; and they shall 
hereafter be subject to all the duties, and entitled to all 
privileges of inhabitants of said town of Cohasset: 
Provided, nevertheless, said Amasa Bailey and Caleb 
Bailey, Junior, shall be liable to pay all taxes that 
have been legally assessed upon them by said town of 
Scituate. 

[Approved by the Governor, June 14th; 18S3.] 
32 



238 BOYLSTON MANUF. CO. June 14, 18S3- 



CHAP. XXIX. 

An Act in addition to an Act, entitled " An Act to in- 
corporate the West Boylston Manufacturing Com- 
pany." 

Sec. 1. j5E it enacted by the Senate arid House of 
Representatives^ in General Court assembled, and by 

bMe^A^lT^' ^^^^ (authority oj' the same. That Alpheus Smith he 
authorized to call a meeting of the stockholders and 
' proprietors of the West Boylston Manufacturing Com- 

pany, at such time and place within the town of West 
Boylston, in the County of Worcester, as he may think 
proper, by publishing the same three weeks successive- 
ly, in the Massachusetts S?>py, printed in Worcester, 
the last publication to be seven days at least previous to 
said meeting. , 

Sec. 2. Be it further enacted by the authority afore- 

Reorganization. Said, That, at such meeting, said proprietors and stock- 
holders may proceed to organize their corporation, 
choose officers, make by-laws, and do all acts and 
^ things, that grantees of a charter of incorporation may 

usually by law do at their first meeting, conformably to 
the constitution and laws of this Commonwealth. And 
all matters and things done at said meeting, and after- 
wards upon the organization of said corporation, shall 
be legal and binding to all intents and purposes, in the 
same way and manner they would have been, if said 
Corporation had continued legally organized and in 
operation. 

[Approved by the Governor, June 14th, 18S3.] 



r^ 



LYNN SOCIETY. June 13, 1833. 339 



CHAP. XXX. 

An Act to incorporate the proprietors of the Meeting 
house of the Second Congregational Society in 
Lynn. 

Six. 1. X>E if enacted hy the Senate and House of 
Representatives, in General Court assembledy and hy 
the authority of the same, That Benjamin Massey,porlted '"'° 
Henry A. Breed, Wiuthrop Newhall, William B. Breed, 
William Chadwell, and their associates, successors 
and assigns, are hereby constituted and made a body 
politic and corporate, by the name of the Proprietors of 
the second Congregational Church in Lynn, and may, 
by that name, sue and be sued, defend and be defended 
in all actions, real, personal or mixed, in which the said 
Corporation may be concerned, and may establish 
by-laws and regulations not repugnant to the constitu- 
tion and laws of the Commonwealth ; and shall in the 
month of March or April, annually, choose by ballot, a 
Board of Trustees, consisting of not less than five, and 
not more than seven, a majority of whom shall be a 
quorum for doing business ; and the said Trustees 
shall, at their first meeting, and annually afterwards, 
choose a President from their own number, who shall 
preside at all meetings of the trustees, and of the cor- 
poration. And the Secretary, Treasurer, and Collec- 
tor, chosen by the society, shall be Secretary, Trea- 
surer and Collector for the Corporation. 

Sec. 2. Be it further enacted, That the proprietors 
at their first meeting, and at their annual meetings af-ior expenses. 
terwards, may vote and raise such sum or sums of money 
as shall be necessary for the enlarging their meeting 
house and keeping the same in repair, and for all other 
purposes necessarily incident to the expenses of said 
Society ; especially for the support and maintenance of 
public worship : which sum or suras shall be assessed 
on the said proprietors according to a valuation of their 
pews in the said meeting house. And any person pur- 
chasing a pew, or half of a pew in said meeting house, 



S40 LYNN SOCIE lY. , June 14, 1823. 

shall be a proprietor who may vote in all the concerns 
of the said corporation, which pew or part of a pew, 
shall be holden for the payment of all assessments : 
and any proprietor neglecting or refusing to pay the 
*«wiin«yb* same for three months after it shall become due, the 
ra«[°of"dueT^" collector may sell the same at public auction, by post- 
ing notices of such sale at the meeting house seven 
days at least before the day of sale, and by notifying 
the proprietor in writing at least two days before the 
time of sale, and the overplus (if there be any) after pay- 
ing the expenses, shall be paid to the said proprietor. 
And any person whose pew, or share in a pew shall be 
sold as aforesaid, may redeem the same by paying to 
the purchaser, the amount of the purchase money, with 
interest, at any time before the expiration of six months 
from the time of said sale, and the purchaser shall 
thereupon reconvey the same to such proprietor. 

8ec. 3. Be it further enacted^ That all deeds ot 
Daedi. pews or other property, shall be signed by the presi- 

dent of the Board of Trustees, and attested by the Se- 
cretary, and by him shall be recorded in a book to be 
kept for that purpose ; which record shall be valid in 
law, and equivalent to being recorded in the registry 
for the County ; and all monies arising from the sale of 
pews (after paying for building the meeting house and all 
other expenses) and donations made to the proprietors, 
or however otherwise, shall be placed in a fund, the 
' interest of which shall be for the support of public 
worship (excepting otherwise appropriated by the do- 
nor,) which fund shall be under the care and direction 
of the trustees, who shall be held individually account- 
how Spr,^""'"' able for the funds with which they are entrusted during 
''*^^* the term of their continuing in office, and shall annual- 

ly render an account of the funds to the Corporation : 
Provided^ however^ that the annual income of said fund 
shall not exceed one thousand dollars. 

[Approved by the Governor; June 14th; 18S3.] 



TOWN OF E. BRIDGEWATER. June i% 1823. 24^1 

CHAP. XXXI. 

An Act to establish the Town of East Bridgewater. 

Sec. 1. xJe it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the Kast Parish of Town inwrpo. 
Bridgewater, according to the territorial limits thereof, 
be, and the same is hereby incorporated into a town, by 
the name of East Bridgewater, and invested with all 
the powers and privileges, and subject to all the duties 
and requisitions, to which towns in this Commcmwealth 
are by the constitution and laws entitled and subjected. 

Sec. 3. Be it further enacted, That the inhabitants paymemof 
of said town of East Bridgewater shall be holden to""""' 
pay all arrears of taxes, which have been assessed or 
directed to be assessed upon them by the town of 
Bridgewater, and shall be entitled to receive, hold and 
enjoy such proportion of all debts and taxes now due, 
and assessments voted to said town of Bridgewater, 
and such proportion of all the privileges and property, 
real or personal now belonging to said town of Bridge- 
water, of what kind soever it may be, as the property 
of the said inhabitants of East Bridgewater bears 
to the property of all the inhabitants of said town of 
Bridgewater, according to the latest valuation thereof; 
and they shall be holden to pay their proportion, to be 
ascertained as aforesaid, of all the debts now due and 
owing from said town of Bridgewater. 

Sec. 3. Be it further enacted, That the said town 
of East Bridgewater shall be holden to support their pooT'* ° ** 
proportion of the poor of the town of Bridgewater, 
which are now chargeable to said town, which propor- 
tion shall be ascertained by the present valuation of 
said town, and all persons who may hereafter become 
chargeable as paupers to the said town of Bridgewater, 
or East Bridgewater, shall be considered as belonging 
to that town, on the territory of which they had their 
settlement at the time of passing this act, and shall in 
future be chargeable to that town only. 



SIS TAUNTON AG. SOCIETY. Xne i% 1823. 

Meeting to be Sec 4. Be it fuvthev enacted, That any justice of 
cajied. the peace for the County of Plymouth is hereby au- 

thorized to issue his warrant directed to any freeholder of 
said town of hast Bridgewater, requiring him to warn 
the inhabitants thereof to meet at the time and place 
therein appointed for the purpose of choosing all such 
town officers as towns are by law authorized and re- 
quired to choose at their annual meetings. 

[Approved by the Governor, June 14th, 1833.] 



CHAP, XXXII. 

An Act to incorporate the Bristol County Agricultural 

Society. 

Sec. 1. -OE it enacted by the Senate and House of 
MepresentativeSf in General Court assembled, and by 
^the authority of the same, That Samuel Crocker, Pitt 
"ted- Clark, Otis Thompson, F'rancis Baylies, Alvin Cobb, 

David G. W. Cobb, James 1^. Hodges, Horatio Leon- 
ard, Peter Thacher, Asahel Bliss, Roland Howard, 
Thomas Almy, Luther Hamilton, Jesse Smith, Junior, 
Han Wilmuth, Junior, together with such others as 
are now associated, or may hereafter associate ^Yith 
them, and their suceessors, be, and they are hereby 
made a corporation by the name of the Bristol County 
Agricultural Society ; and for this purpose shall have 
the same powers and privileges, and be subject to the 
like duties and restrictions, as the othei' incorporated ag- 
ricultural societies in this Commonwealth ; and the said 
Corporation may lawfully hold and possess real estate 
not exceeding twenty thousand dollars, and personal 
estate the annual income whereof sliall not exceed five 
thousand dollars, and also have povver to sell, alien 
and dispose of the same estate, real and personal, not 
using the same in trade or commerce. 

Sfx. 2, Be it further enacted, That Samuel Crock- 



Persons Incorpo 



DANVERS COT'N FACTORY. June 14, 1823. 243 

er, Esquire, of Taunton, in said County, be, and he is pj^t njeetinB. 
hereby authorized to notify and call the first meeting of 
the Society aforesaid, for the purpose of organizing the 
same, and for establishing rules and by-laws for the 
government of the same, not repugnant to the constitu- 
tion and laws of this Commonwealth, by giving public 
notice of the time and place of holding said meeting, two 
weeks in the Newspaper printed in said Taunton. 

[Approved by the Governor, June 14th, 18S3.] 



CHAP. XXXIII. 

An Act for the relief of the Danvers Cotton Factory in 

Danvers. 

-OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the laws heretofore ^^^^^^ ,^^ 
passed relative to alewives in the waters running into'^^p^"''^^- 
Ipswich river, be and they hereby are repealed, so far 
as not to require the continuance of Fish ways at the 
Danvers Cotton Factory, in the town of Danvers, or in 
the stream running thither from Humphry's pond. 

[Approved by the Governor, June 14th, 1833.] 



. CHAP. XXXIV. 

An Act in addition to an Act to incorporate the Mas- 
sachusetts Hospital Life Insurance Company. 

1>E it enacted by the Senate and House of 
jRepresentatires in General Court a,'Si mbled, and by 
the authority of the same, That the said Corporation 



344 LIFE INSURANCE CO. June i% 1823. 

Investment of may froiB time to time invest all monies held by them 
monief.. ^^^ ^^^^ puFchase of aoHuides, or in trust for, and dur- 
ing the lives of any person or persons, in notes secured 
by mortgage of real estate, or by collateral assign- 
men^ of any of the species of stocks mentioned in the 
fifth section of an act, entitled " An act to incorporate 
the Massachusetts Hospital Life Insurance Company," 
passed February twenty fourth, in the year of our Lord 
one thousand eight hundred and eighteen, and also 
that all policies, contracts or other instruments, wheth- 
er under seal or not, made in the name of said corpora- 
tion, and signed b) the secretary or actuary, shall be as 
good and valid to all intents, as if the same had been 
made and executed by the President and Directors of 
said Corporation. 

[Approved by the Governor, June 14th, 1823.1 



CHAP. XXXV. 

An Act to incorporate the Second Baptist Society iu 
Haverhill. 

Sec. 1. JJE it enacted by the Senate and House of 
Representativesy in General Court assembled^ and by 
Persons incoipo- the authority of the same, That Benjamin Chase, Cut- 
rated. ^-^^^ Moody, William D. S. Chase, with their associ- 

ciates and successors, be, and they hereby are incor- 
porated, for religious purposes only, into a society, by 
the name of the Second Baptist Society in Haverhill, 
with all the powers, privileges and immunities to which 
other religious societies are entitled by the constitution 
and laws of this Commonwealth. And sad corpora- 
^^perlonar' tlon is hereby authorised and empowered to take, pur- 
properiy. chase aud hold all real and personal estate necessary 
and convenient for the purposes aforesaid : Provided, 
that the income of the whole estate of said corporation, 
exclusive of the meeting house and land under the same, 
shall not exceed one thousand dollars. 



CHRISTIAN SOCIETY. June 14, 1833. 249 

Sec. 3. Be it further enacted, That the said society j.,^^^,^^ ^j. 
may have power to elect all necessary officers, and to"**^""- 
order and establish such regulations, rules and by- 
laws for their government and for the management 
of their property and concerns as they may see fit : 
Provided, the same be not repugnant to the constitu- 
tion and laws of this Commonwealth. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace for the county of Essex, upon application 
therefor, is hereby empowered to issue a warrant di- 
rected to a member of the said Baptist Society in Ha- 
verhill, requiring him to notify and warn the members 
thereof to meet at such convenient time and place as 
shall be appointed in said warrant, to organize the said 
society by the appointment of its officers. 

[Approved by the Governor, June 14th, 1833.] 



CHAP. XXXVI. 

An Act to incorporate a religious society by the name 
of the Christian Society in the City of Boston. 

Sec. 1. xSE it enacted hij the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That Jacob Tidd, Moses p^^niincoreo- 
Howe, William Gridley, Junior, Benjamin Binney, 
Thomas Mickle, Loring Newcomb, John G. Loring, 
Abner Bowman, Lewis Wilder, and Kzra Burley, and 
all others who may associate with them, and their suc- 
cessors, be, and they hereby are incorporated as a 
religious society, by the name of the Christian Society 
in the City of Boston, with all the privileges, powers 
and immunities to which other religious societies in this 
Commonwealth are by law entitled. 

Sec. 2. Be it further enacted, That the said Society 
shall be capable in law to purchase, hold and dispose Se^**'***** 
of any real or personal estate, for the use of said soci- 
33 



246 MASS. INS. CO. Jane 14, 1823. 

ety, the annual income of which shall not exceed four 
thousand dollars. 

Six. 3. Be it further enacted, That Jacob Tidd, 
Moses Howe, and William Gridley, Junior, or either 
of them, may call a meeting of said Corporation, by an 
advertisement printed in a public Newspaper in said 
Boston, ten days at least before the time of such meet- 
ing ; at which meeting said Corporation may agree upon 
the mode of calling future meetings, elect a Moderator, 
Clerk, Treasurer and such other officers as they may 
deem necessary, and establish by-laws for the govern- 
ment of said Society. 

[Approved by the Governor, June i4th, 1823.] 



CHAP. XXXVII. 

An Act empowering the Massachusetts Mutual Fire 
Insurance company to invest their funds. 

xJe it enacted by the Senate and House of 
Jlepresentatives in General Court assembled, and by 
Fuitdi.howini the authority of the same^ That the Corporation, known 
by the name of the Massachusetts Mutual Fire Insur- 
ance Company, be, and the same hereby is authorized 
and empowered to invest the funds of said Corporation 
to such extent as said Corporation may see fit, in pro- 
missory notes of the Treasurer of the City of Boston, 
in the County of Suffolk. 



tested. 



[Approved by the Governor, June 14th, 1823.] 



NAMES CHANGED. June 14, 18S3. S*?' 



CHAP, XXXVIII. 

An Act to change the names of persens therein men- 
tioned. 

JtSE it enacted by the Senate and House of 
Mepresentatives,in General Court assembiedyand by the 
authority oj the same, That from and after the passing 
of this act, the several persons herein named; shall be 
known and called by the names they are respectively 
allowed to assume, namely — that William Adams, of Pf"onj whose 
Boston, schoolmaster, may take the name of William c'tanged. 
Joseph Adams ; that Guy Middleton, of Lee, labourer, 
may take the name of John Middleton ; that John An- 
drews, of Boston, founder, may take the name of George 
Canning Franklin Andrews ; that Mary Poor, of Ha- 
verhill, single- woman, may take the name of Mary 
Sargent Poor ; that Minerva Parker, of Hawley, may 
take the name of Catharine Minerva Lilley ; that John 
Bridge. Junior, of Boston may take the name of John 
Dana Bridge ; that Timothy Morrill. Junior, of Salis- 
bury, trader, may take the name of Timothy Pilsbury 
Morrill; that Catharine Hannah Adams Willard, of 
Charlestown, may take the name of Catharine Hannah 
Adams ; that Peter Dow, of Haverhill, housewright, 
may take the name of Charles W. l)ow ; that Ezra 
Gates, of Ashby, may take the name of Ezra Coolidge 
Gates ; that John Stevens, of West Newbury, may take 
the name of Luther Green Stevens ; that Heuben Stack- 
pole, of Boston, may take tiie name of Reuben Mar- 
kam Stackpole; that Tabitha Henderson, of Charles- 
town, single-woman, may take the name of Tabitha 
Wilder ; that Elisha Williams, of i^oston. may take 
the name of Elisha Scott Williams ; that Edmund Col- 
burn, of Boston, may take the name of Edmund Wes- 
ley Colburn ; that William Trowbridge, of Worcester, 
mechanic, may take the name of William Frederic 
Trowbridge; that Mariet Jones, of Boston, single-wo- 
man, may take the name of Maria Jones; that Asa 
Green of Northborough, may take the name of Asahel 



24)8 CORONERS. June i% 18^3 

Wood Green ; that Oliver Webster, of Otis, a minor^ 
may take the name of Oliver Post Webster; that 
Oeorge Wells, a mr mber of Harvard University, may 
take the name of George Wadsvvorth Wells. And the 
said several persons before nam^^d shall hereafter be 
called and known by the names, which by this act they 
are respectively allowed to assume as aforesaid ; and 
the same shall be considered as their only proper and 
legal names. 

[Approved by the Governor, June 14th, 1823.] 



CHAP. XXXIX. 

An Act, in addition to an Act, entitled ^^ An Act de- 
scribing the duty and j)ower of Coroners." 

Sec. 1. x>E it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same, That each Coroner shall, 
DafyofCoroMrsas soou as he shall be certified of the dead body of any 
person supposed to have come to his death by violence 
or casualty, found or lying within his county, make out 
his warrant, directed to the Constable of the town 
where the dead body is found, or lying, or to the Con- 
stables of one or more of the adjacent towns, requiring 
him or them forthwith to summon six good and lawful 
men, of the same town or towns, to appear before him, 
at the time and place in such warrant expressed ; which 
w^arrant shall be in the same form as is described in the 
act entitled " An act describing the duty and power of 
Coroners." 

Sec. 2. Be it further enacted. That the second sec- 
tion of the act aforesaid be and hereby is repealed. 

[Approved by the Governor, June 14th; 18S3.] 



JUSTICES OF THE PEACE. June 14, 1828. S49 



CHAP. XL. 

An Act conferrring additional powers on Justices of 
the Peace, and for other purposes. 

Sec. 1. J3E it enacted by the Senate and Ho'us^ of 
Representatives^ in General Court assembled, and by 
the authority of the same. That all Justices of the 
Peace and Courts, who now by law have power and 
authority to issue or grant warrants to search for articles 
alleged to have been stolen, shall have like power and au- 
thority to issue warrants to search for money or other 
securities alleged to be forged or counterfeited, and for 
any tools, implements or materials used or to be used 
in the making, forging or counterfeiting the same. 

Sec. S. Be it further enacted, That the Justices' 
Clerk, and Assistant Clerk of the Police Court in tha 
City of Boston, be, and they are hereby exempted from 
the performance of all military duty in the Militia of 
this Commonwealth. 

[Approved by the Governor, June 14th, 18S3.] 



CHAP. XLI. 

An Act to regulate the fishery in Neponset river in the 
towns of Dorchester and Milton. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the JJ?„p,?°° *° ' 
passing of this act, no person or persons shall be allow- 
ed to put or draw any seine, or seins whatever in Ne- 
ponset river, so far as that river forms any part of the 
dividing line between the towns of Dorchester and 
Milton, for the taking of fish called Smelts aud Eels ; 
and every person who shall presume to take any fish 



250 



NEWTON FACTORIES. 



Jmie 14, 18^3. 



Fish 



called Smelts and Eels with a seine from said river, 
shall incur and pay a penalty of five dollars for every 
such offence. 

Sec. 2. Be it further enacted, That no person or 
iSdmJke"' persons, excepting the inhabitants of the towns of Dor- 
chester and Milton shall be allowed to take from said 
river, witliin the limits aforesaid, in any way whatsoe- 
ver any of the fish c-illed Smelts and Eels, unless by 
permission of one or more of the Helectraen of said 
towns, and any person not an inhabitant of said towns 
who shall presume to take any of said fish, unless by 
such permission, shall incur a penalty of five dollars for 
every offence. 

Sec. 3. Be it further enacted. That all penalties in- 
curred by a breach of this act, may be prosecuted 
and sued for before any Justice of the Peace for the 
County of Norfolk, by any of the inhabitants of f'ithcr 
of said towns, for the use of him or them who shall sue 
for and recover the same. 

[Approved by the Governor, June 14tli, 1823.] 



Penalties, how 
recoverable. 



CHAP. XLU. 

An Act incorporating the Newton Factories. 



Berioni incor- 
porateii 



Sec. 1. -tSfi it enacted by the Senate and House of 
Representatives, in General Court assf^mbled, and by 
the authority of the same, That Rufus Ellis, David 
Ellis, Jonathan Chapman and Jonathan Mason, to- 
gether with such others as have associated, or may 
hereafter associate with them, their successors and as- 
signs, be, and hereby are made a corporation, by the 
name of the Newton Factories, for the purpose of man- 
ufacturing woollen, cotton, anti Iron ; and for those pur- 
poses shall have all the powers and privileges, and be 
subject to all the duties and requirements contained in 
an act, " defining the general [?owers and duties of man- 
ufacturing Corporations," passed the third day of 



READING MIN. ¥V^D. June 14, 18S8. 251 

March in the year of our Lord one thousand eight hun- 
dred and nine, and the several acts in addition thereto* 

Sec. 3. Be it further enacted, Thsit the said Cor- May hold e»ute. 
poration may lawfully hold and possess such real es- 
tate, not exceeding the value of one hundred thousand 
dollars and such personal estate^, not exceeding the 
value of two hundred thousand dollars, as may be con- 
venient and necessary for carrying on the said manufac- 
tories. 

[Approved by the Governor, June 14th, 1823.1 ^ 



CHAP. XLIIl. 

An Act to establish a fund for the support of the Gospel 
Ministry in the South Parish of the town of Read- 
ing in the County of Middlesex, and to appoint 
Trustees for the management thereof. 

Sec. 1. JlJE it enacted by the Senate and House of 
Representatives f in General Court assembled, and 
by the authority of the same. That £dmund Par- ?«»« inmi)©. 
ker, Esquire, John Bachelor, Ebenezer Emerson, 
Capt. Timothy Wakefield, Junior, and Thomas 
Sweetser, be, and they are hereby constituted a body 
politic and corporate, by the name of the Trustees of 
the South Parish in Reading Ministerial Fund ; 
and they and their several successors in their respec- 
tive offices, shall continue a body politic and corporate 
by that name forever ; and by the same name, may sue 
and be sued in all actions, and pursue and defend the 
same to final judgment and execution : Provided al- 
ways^ that at the expiration of five years from the first 
Thursday of March A.D. 1823, and once in five years 
forever after, the legal voters of said parish at their 
annual meeting in March may elect a new Board of 
Trustees, or fill any vacancies which may happen in 
the old Board, by deatli, resignation or otherwise ; all 



S5a READING MIN. FUND. June 14, 182S. 

vacancies that may happen in the Board of Trustees, 
during the terra of five years for which they were 
chosen, shall be filled by the remaining trustees. 
Sec. 2. Be it further enacted, That any gift, 

Troitw's^Micr. gi^nt, bequest or devise hereafter made to said Trus- 
tees, shall be valid and effectual to all intents and pur- 
poses whatever ; and they and their successors as afore- 
said are hereby empowered by purchase or operation 
of law, to take, have, hold, use, and improve and man- 
age any estate real or personal, the annual income 
whereof shall not exceed the sum of two thousand dol- 
lars, in trust for the support and maintenance of the 
Gospel ministry in said parish ; and whenever the net 
annual income or interest of such fund or estate shall 
amount to the sum of three hundred dollars, and not 
before, the said trustees shall proceed to pay the same 
quarterly to such teacher of religion as shall be regu- 
larly ordained and settled in said parish, by the joint 
concurrence of the inhabitants and Church thereof: and 
such teacher of religion shall be entitled to recover the 
same by action of debt against said trustees; and during 
any vacancy in said parish of a regular ordained and 
settled minister, they shall appropriate such income or 
interest to the increase of the principal fund, any thing 
herein to the contrary notwithstanding. 

Sec. 3. Be it further enacted, That it shall be, and 

Mi^"tenai undi, it is hereby made the duty of the said trustees and their 
successors to use, manage and improve all ministerial 
lands of said parish, except what may be improved by 
their minister, in such way and manner as in their dis- 
cretion and judgment will best obtain and secure the 
end of their incoi poration ; and they are also hereby 
authorised and empowered to lease, sell or -convey in 
fee simple or otherwise, all or any part of said ministe- 
rial land, and for that purpose to make, execute and 
acknowledge any good and sufficient deed or deeds 
thereof. 

„ .. Sec. 4. Be it further enacted. That the said trustees 

Meetings. •^ i» i 

may assemble and meet together as often as they may 
think necessary for the promotion of their trust, any 
three of whom shall constitute a board for doing busi- 
njess, but the concurrence of three -at least shall be re- 



HEADING MIN. FUND. June 14. 1828. 253 

quisite for every act and proceeding whatever ; they 
may determine the manner of calling meetings, they May appoint 
may appoint a clerk and agent or agents, and other need- ° 
ful officers and committees, they may make reasonable 
rules, regulations and by-laws, and annex penalties for 
the breach thereof, not repugnant to the laws of this 
Commonwealth ; they may have a common seal and 
change the same at pleasure, and they may alienate by 
good and sufficient deeds in law any real estate, the title 
whereof shall be vested in them by way of mortgage or 
by operation of law. 

Sec. 5. Be it further enacted, That the clerk ofoutyofcierk. 
said corporation, who shall be a member thereof, and 
shall be sworn in the same manner as town officers are, 
to the faithful performance of the duties of his office, 
shall have the care and custody of all papers and docu- 
ments belonging to said trustees, and shall carefully 
and fairly record all their votes and proceedings in a 
book kept for that purpose, and shall certify the same 
when thereunto required ; and he shall call meetings 
when he may think the same necessary, or when there- 
to required by said trustees ; and do whatever else may 
be incident to said office ; and he shall deliver up to 
his successor in office, as soon as may be, all the records, 
papers and documents in his hands, in good order and 
condition ; and if he shall neglect so to do for the space 
of thirty days next after such successor shall be duly 
appointed, he shall forfeit and pay a fine of fifty dollars, 
and a further sum of thirty dollars per month for such 
neglect. 

Sec. 6. Be it further enacted^ That said trustees Treasurer. 
shall appoint one of their Board to be treasurer for said 
trustees and the receiver of all monies, and effects, due, 
owing and coming to them, and may demand, sue for 
and recover the same in their name, unless prohibited 
by them ; and he shall have the care and custody of all 
the money, and effects, obligations and securities for 
the payment of money, or other things, and all evi- 
dences of property belonging to said trustees, and be 
accountable to them therefor, and shall dispose of the 
same as they shall order and direct, and shall render 
^n account of his doings, and exhibit a fair and regular 
34 



Duty of Trus. 
tees. 



Fimdi. 



»51 READING MIN. FUND. Juve 14, 1823. 

statement of the property and evidences of property in 
his hands whenever they shall require the same to be 
done ; and he shall deliver up to his successor in office 
as soon as may be, all books and papers, property and 
evidences of property in his hands, in good order and 
condition ; and shall give bonds to said trustees and 
their successors, v»^ith sufficient sureties to be approved 
by them in the penal sum of ten thousand dollars, at 
least, conditioned to do and perform all the duties in- 
cumbent on him as treasurer ; and if he shall fail to 
deliver up the same as aforesaid, or neglect to give bond 
as aforesaid, for the space of thirty days next after such 
treasurer shall be duly chosen, he shall forfeit and pay 
a fine of fifty dollars, and a further sum of thirty dollars 
per month for such failure or neglect afterwards. 

Sec. 7' -Se «^ further enacted^ That it shall be the 
duty of said trustees to use and improve such fund or 
estate as shall be vested in them -by virtue of this act 
with care and vigilance, so as best to promote the design 
thereof; and thfv shall be amenable to the inhabitants 
of said parish for negligence or misconduct in the 
management or disposition thereof, whereby the same 
shall be impaired or suffer loss, waste or diminution ; 
and the inhabitants of said parish may have and main- 
tain a special action of the case against the proper per- 
sons of said trustees, and their goods and estates, jointly 
and severally, for such negligence or misconduct, and 
recover adequate damages therefor ; and any sum reco- 
vered shall be deemed to he for the benefit of said fund, 
and shall be paid to said trustees who may have an ac- 
tion of debt therefor accordingly. 

Sec. 8. Be it further enacted, That the said trustees 
shall cause to be recorded and kept in their book of re- 
cord by their clerk a statement of the funds and estate 
iu their hands, wherein shall be particularly designated 
the nature and amount of each original grant or donation, 
the period when made, the design thereof, and the do- 
ner's or grantor's name and place of abode at large, 
with such other circumstances as they may think useful 
or proper to distinguish the same, and perpetuate the 
remembrance thereof; and they shall make report of 
such statem^t to the inhabitants of said parish at their 



READING MIN. FUND. June 14, 1823. £55 



? 



meeting in the mouth of March or April annually 
where the same shall be publicly read, or to a select 
committee if said parish shall choose one for that pur- 
pose, together with a specific estimate of what estate 
they actually hold, and by what tenure: what money f^^f^^JSJ^'^f",^ 
and effects are due to them, and how the same are se- 
cured, and what recdpts have been obtained, and dis- 
bursements made by them the preceding year. 

Sec. 9. Be it further enacted. That the said trustees Money, how to 

1 • 11 •!• be employed. 

Shall always loan upon interest all money belonging to 
said funds, in sums of not less than two hundred dollars 
each, and for the term of one year, upon the bond or 
note of the borrower, with a mortgage of real estate to 
three times the value of the sums loaned as collateral 
security for the repayment of the principal sum, with Defaulters. 
interest annually till paid ; and if any debtor to said 
corporation shall fail to pay the interest due on his 
bond or note for the space of ten days after the same 
shall become due, it shall be the duty of said treasurer 
to cause such bond or note and mortgage to be put in 
suit, and prosecuted, until it shall be obtained. 

Sec. 10. Be it further enacted, That if the said Treasurer to pay 
trustees shall fail to pay the annual income of said fund""''' '""^ '°"""^' 
to the settled Minister as herein before provided, for the 
space of thirty days after the same shall become paya- 
ble as aforesaid, or if they shall neglect to make report 
to said parish in the month of March or April annually, 
or to a select committee as in this act directed, they shall 
severally forfeit for each offence the sum of fifty dollars, 
and the further sum of thirty dollars per month after- 
wards until they shall make payment of said income as 
aforesaid, saving always that the trustees shall not be 
liable for the forfeiture aforesaid for nonpayment of 
said income, if they shall prosecute, as before in this 
act provided, within thirty days after the same shall be- 
come due for the recovery thereof. 

Sec. 11. Beit further enacted, That the said trus- 
tees shall be entitled to receive a reasonable compensa-J^emunerationof 

, I ' trustees. 

tion to be paid by said parish for their services in man- 
aging and taking care of said funds and estate ; but no 
part of such funds or estate or the income thereof shall 
ever be appropriated to that purpose. 



S56 



Fin- 9 recove- 
rable. 



First meeting. 



TWELFTH CONGREGATION. June 14, 1823. 

Sec. is. Be it further enacted, That all fines and 
forfeitures, incurred lor any breach of this act, shall 
and may be recovered by action of debt by the inhabit- 
ants of said parish, if they shall sue for the same within 
six months after the same shall be incurred, to the use 
and benefit of said fund, to be paid to said trustees ac- 
cordingly, otherwise by any person who shall sue there- 
for, one moiety thereof to his own use, and the other 
m if.'ty thereof to the use and benefit of said fund, and 
sh ill be paid to said trustees accordingly, and by this 
act they may have an action of debt, to recover the 
same. 

iSfcLC. ! 3. Be it further enacted, That Timothy Wake- 
field, Esquire, is hereby authorised and directed to ap- 
point the time and place for holding the first meeting of 
said trustees and to warn such meeting accordingly. 

[Approved by the Governor, June 14th, 1823.] 



CHAP. XLIV. 

An act to incorporate the Twelfth Congregational So- 
ciety in the City of Boston. 

Sec. 1. -bE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That George W. Otis, Ben- 

rated."""'"'^*' jamin French, Thomas Powers, Samuel B. Doane and 
John Ue Wolf, and all others who may associate with 
them, and their successors, be, and they hereby are in- 
corporated as a reliaions society, by the name of the 
Twelfth ('ongregational Society in the City of Boston, 
with all the privileges, powers and immunities, to 
which other religitius societies in this ("ommouwealth 
are entitled by law, ond the constitution thereof. 

Stx. 3. Be it further enacted, That the said society 

*^»<«te. shall be capable in law to purchase, hold and dispose 

of any estate real or personal for the use of said soci- 



BRAINTREE MANUF. June i% 182». 257 

ely : Provided^ the annual income thereof shall not 
exceed at any time the value of five thousand dollars. 
Sec. 3. Beit further enacted, That any Justice of 
the Peace for the County of SuflEblk be and he hereby 
is authorised to issue his vt^arrant to any member of ^^"'"e- 
said society, requiring him to warn the members thereof 
to meet at such convenient time and place in the City 
of Boston as shall be therein directed, to choose a 
Clerk, a Treasurer, and such other officers, Committee 
or committees as they may deem needful. 

[Approved by the Governor, June 14th, 18S3.] 



CHAP. XLV. 

An Act to incorporate the Braintree Manufactory. 

Sec. 1. JtJEi it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Ezra Hyde, Ja- 
cob Perkins, Increase Robinson, Nathan Lazell, ^ 
Junior, with such other persons as have already orporate* 
may hereafter associate with them, their successors 
and assigns, be, and they hereby are made a cor- 
poration, by the name of the Braintree Manufacturing 
Company, for the purpose of manufacturing Cotton 
Gins, Ironworks, and Machinery, in the town of Brain- 
tree in the County of Norfolk ; and for those purposes 
shall have all the powers and privileges, and be sub- 
ject to all the duties and requirements contained in an 
act made and passed on the third day of March in the 
year of our Lord one thousand eight hundred and nine, 
entitled ^' An act defining the general powers and duties 
of manufacturing corporations," and the several acts in 
addition thereto. 

Sec. 2. Be it further enacted, That the said Corpo- Real estate, 
ration may be lawfully seized and possessed of such 
real estate not exceeding fifty thousand dollars, and 



258 CAMBRIDGE METH. SOC'Y. June i% 1823. 

penonai date, such pcFsonal estate, uot exceeding one liundred thou- 
sand dollars as may be necessary and convenient for 
the purposes aforesaid. 

[Approved by the Governor, J une litli, 1833.] 



CHAP. XLVI. - / 

An Act to incorporate the Trustees of the Methodist 
Religious Society in Cambridge. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Amos Binney, John 

S"'^""'^"" Clark, William Granville, Deming Jarves, Atherton 
H. Stevens, Joseph Capewell, and Joseph Stone be, 
and they hereby are incorporated into a body poli- 
tic, by the namr^ of the Trustees of the Methodist Re- 
ligious Society in Cambridge, and by that name they 
and their successors in office, shall be a Corporation 
forever. 

Sec. 3. Be it further enacted, That the said Trus- 

E»tate. tees may have and hold any real or personal estate in 

the town of Cambridge, not exceeding the sum of fifty 
thousand dollars, for the benefit and in behalf of the 
Methodist Religious Society in Cambridge, and the 
same manage and improve, or sell and convey as the 
case may require, subject moreover to such rules and 
regulations as may be prescribed and adopted by a 
majority of the male members of said Methodist Reli- 
gious Society, at any annual meeting thereof, not incon- 
sistent with the constitution or laws of this Common- 
wealth. 

Sec. 3. Be it further enacted, That whenever any 

Vacancies, vacaucy may occur in the Board of Trustees hereby 
constituted, by death or resignation, the said Methodist 
Religious Society, by a majority of the votes of the 
male members at any meeting called for that purpose, 
may elect one or more persons for the male members of 



FHCENIX INSURANCE CO. June 14, 1823. S59 

said society, of twenty-one years of age and upwards 
to fill such vacancy, so that the number of Trustees be 
kept up to seven forever, any four of them duly 
assembled shall be competent to transact any business. 

Sec. 4. Be it further enactedf That the said "^rrus- 
tees shall meet at least once in each year and elect such 
officers and prescribe such rules and regulations and by- 
laws, as they may deem expedient for the management 
of their aftairs, always keeping a fair record of all their 
proceedings. 

Sec. 5. Be it further ewacferf, That John Clark and First meeting. 
Deraing Jarves be and they are hereby authorised to 
call the first meeting of said Board of Trustees at such 
time and place as they may appoint ; at which first 
meeting there shall be chosen a Secretary, a Treasurer 
and a President ; and also rules, regulations, and by- 
laws shall be adopted, which shall remain in force for 
one year and until altered or amended at any future 
annual meeting. 

[Approved by the Governor, June 14th, 18S3.] 



CHAP. XLVII. 

An Act to amend an Act, entitled " an Act to incorpo- 
rate the Nantucket Phoenix Insurance Company." 

JdE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That so much of an act 
entitled ^^ An act to incorporate the Nantucket Phoenix Time of dividend 
lusiiranceCompany," as requires one of the semi-annual" ^"^^ ' 
dividends to be made on the second Monday in June, 
be and the same is hereby repealed ; and in lieu thereof, 
the said dividend shall be made on the second Monday 
of July in every year, the said act to the contrary not- 
withstanding. 

[Approved by the Governor, June 14th, 18S3.] 



S60 



MANSFIELD MANUF. CO. 



June 14, 18g3. 



CHAP, XLVIII. 

An Act to incorporate the Mansfield Union Cotton and 
Wool Manufactory. 



Persons 
incorporated. 



First taeetiDg. 



Sec. 1. KE it enacted by the Senate and House vf 
Mepresentatives,in General Court assembledmtd by the 
authority of the same, That Ethan Cobb, Adam bmith^ 
and Henry Hatch, with such others as have already 
associated or may hereafter associate with them, their 
successors and assigns, be, and they hereby are made a 
corporation, by the name of the Mansfield Union Cot- 
ton and Wool Manufactory, for the purpose of manu- 
facturing Cotton and WoUen goods in the town of 
Mansfield in the County of Bristol ; and for that pur- 
pose shall have- all powers and privileges and be liable 
to all the duties and requirements contained in an act, 
entitled '' An act defining the general powers and du- 
ties of manufacturing corporations" passed the third day 
of March in the year of our Lord, one thousand eight 
hundred and nine, and the several acts in addition 
thereto. 

Sec. S. Be it further enacted^ That said Corpora- 
tion may be lawfully seized and possessed of such real 
estate not exceeding in value thirty thousand dollars, 
and such personal estate not exceeding in value fifty 
thousand dollars as may be necessary and convenient 
for carrying on the manufactures aforesaid. 

Sec. 3. Be it further enacted^ That any one or more of 
the persons abovenamed are hereby authorised and em- 
powered to call the first meeting of the members of said 
corporation, at such time and place as they may see fit 
to appoint, by advertising the same in any newspaper 
printed in the City of Boston, for the purpose of choos- 
ing officers, and making by-laws for the regulation of 
the officers of said Corporation. 

[Approved by the Governor, June 14th, ISSS.l 



TRACT SOCIETY. June 14, 18^3. 2U 



CHAP. XLIX. 

x\n Act in addition to an Act, entitled '' an Act to in- 
corporate the New-England Religious Tract "So- 
ciety." 

x5 K it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the corporation known ^^""^^ ""^ 
by the name of the New- England Religious Tract So- 
ciety, be henceforth called and known by the name of 
the American Tract Society, any thing in the original 
act of incorporation, entitled " An act to incorporate 
the New-England Religious Tract Society," passed 
December ninth, in the year of our Lord one thousand 
eight hundred and sixteen, to the contrary thereof not- 
withstanding. 

[Approved by the Governor, June 14th, 18S3.] 



35 



ljomixionwea\t\\ of ^lassacliuseUs. 



Secretary's Office, July 30th, 1823. 

I HEREBY CERTIFY, That I have compared the Laws printed in this 
pamphlet, passed by the Legislature at their Session in June last, with the 
originals in this oflEice, and that they appear to be correct. 

A. BRADFORD, Secretary of the Commonwealth. 



INDEX 

TO THE LAWS PASSED IN JUNE 18S3. 



Agricultural Society in Bristol County, - - - - 242 

Agriculture and Manufactures, encouraged, ... 230 

B. 

Bailey C. and A. annexed to Cohasset, ... - 237 

Bank, Exchange, additional act, t 213 

Baptist Society in Haverhill, Second, ----- 244 

" " " First, 215 

Beggars, Rogues, and lewd persons, additional act,, - - 232 

Braintree Manufactory, ..----- 257 

Bleachery at Charlestown, _.--._ 210 

Baptist Education Society, 210 

Boston 12th Congregational Society, ----- 256 

" Surveyors of Highways in, - - - ^ - - 208 

" Christian Society in, ----- - 245 

Boylston Medical Society in University, - - - - 225 

Bridgewater, East, incorporated, 241 — 

Bristol Agricultural Society, - , - -^ - - 242 

Brookline Classical School, ------ 223 

Bunker Hill Monument, - - 207 



Canal Manufacturing Company, - "- - - - - - 209 

Cambridge Methodist Society in 258 

Charlestown Bleachery, ------- 210 

Christian Society in Boston, ..---- 245 

Congregational Society, twelfth in Boston, - - - - 256 

" " in Lynn, second - - - - 239 

" " in North Parish, in Wrentham, - - 235 

Coroners, to summon less number of Jurors, - - - 248 



INDEX. 

Cohasset, A. and C. Bailey annexed (o, .... 237 

Courts of Probate, further power, - - - - - 231 

Court, Supreme Judicial, in Hampden County, ... 230 

D. 

Danvers Cotton Factory, relief of, - - . - . 243 

Dorchester and Milton, Fishery in, - - - - - 249 

Duck Manufacturing Company, ....-- 212 



East Bridgewater incorporated, ... - - 241 

Education Baptist Society, ... . - 210 

Elliot Manufacturing Company, - -- - - - 219 

Exchange Bank, additional act, 213 

F. 

Fishery in Dorchester and Milton, 249 

Fire, Massachusetts Mutual Insurance Company, additional act, 246 

6. 

Grafton, A. and J. Wesson annexed to, - - ^. . - 228 

H. 

Hall, Museum, in Boston, - - - - - - - 222 

Hampden County, Supreme Judicial Court in, - - - 230 

Harvard College, Medical Society in, - - - - - 225 

Haverhill Ministerial Fund in First Baptist Society, - - 215 

Highways in Boston, Surveyors of, 208 

Hospital Life Insurance Company, - . - . . 243 

J. 

Justices of the Peace, additional power, .... 249 

L. 

Leicester Manufacturing Company j 211 

Linen and Duck Manufactory, - - - - - - £12 

Life Insurance Hospital Company, . . - _ . 243 

LoDgmeadow Ministerial Fund of First Parish, ... 226 

Lynn, Meetinghouse of Second Congregational Society in, - 239 

Light House to be built on Monamoy Point, ... 220 

M. 

Mansfield Union Cotton and Wool Factory, .... 26Q 

Marshfield, Pews in North Meeting-house to be taxed, - 233 

Methodist Society in Cambridge, ..... 258 

Manufactures and Agriculture encouraged, .... 230 



IN'DEX. 



Manufactory at Braintree, 

" at West Boylston, - - . . 

Milton and Dorchester, Fishery in, - . - - 
Militia, Officers in, how discharged, - - - 
Medical Society in University, . . - - 
Merrimac Manufacturing Company, ... 
Monamoy Point Light House, - - - . 
Museum Hall in Boston, ..... 

N. 
Names of persons changed, - _ . . 

Nantucket Phoenix Insurance Company, additional act, 
Neponset river, Fishery in, .... 

Nevyton Factories, incorporated, . . '. 

P. 

Paupers State, the age of, fixed, ... 

Pews in Marshfield North Meeting-house to be taxed, 
Probate Courts, further power, - . . 

R. 

Reading, Ministerial fund in South Parish, - 
Rogues, Vagabonds, idle persons, &c. additional act, 

S. 
Scituate, A. and C. Bailey set off from, 
School, Classical, in Brookline, - - . . 
State Paupers, of what age, .... 



257 
238 
249 

220 
225 
225 
220 

222 



247 

259 
249 
250 



229 
233 
231 



251 

232 



237 

223 
229 



Town of East Bridgewater incorporated, 
Tract Society, American, .... 

U. 
Union Marine Insurance Company^ 
Vagabonds, Rogues, Idle persons, additional act, 

W. 
West Boylston Manufactory, . . - 

Wrentham North Parish, fund of. 
Wesson, A. and J. annexed to Grafton, 
Wendell, Congregational Society's fund. 



241 

261 

221 
232 



238 
235 
228 
213 



^ * 



LAWS 



CommontuealtboflHSa^.^acl^uj^ett^. 



PASSED Bl THE GENERAL COURT, 



\T THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE SEVENTH OF 

JANUARY, AND ENDED ON SATURDAY, THE TWENTY-FIRST OF 

FEBRUARY, ONE THOUSAND EIGHT HUNDRED 

AND TWENTY FOUR. 



Published agreeably to a Resolve of 16th January^ 1812. 




BOSTON : 



VRINTED BY TRUE AND GREENE, PRINTERS TO THE STATE. 

1824. 



LAWS 



OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE 
SEVENTH OF JANUARY, AND ENDED ON SATURDAY, 
THE TWENTY-FIRST OF FEBRUARY, ONE THOU- 
SAND EIGHT HUNDRED AND TWENTY FOUR- 



CHAP. L. 



An Act in addition to an Act, entitled " An Act ta 
incorporate the Trustees of Phillips Academy in 
Andover," and the several acts in addition there- 
to. 

* 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That Moses Brown, Wm. pemn* incorpoi? 
Bartlett, George Bliss, Calvin Chapin and Jeremiah "^'*' 
Day, visitors of the Theological Institution in Phil- 
lips Academy in Andover, and their successors, be, 
and they hereby are constituted a corporation by the 
name of the visitors of the Theological Institution 
in Phillips Academy in Andover, to be the guardians, 
overseers and protectors of such donations as have 
been, or hereafter may be made subject to their in- 
spection, with the assent of the Trustees of said 
Academy, according to the terms and conditions pre- 
scribed by the Statutes of the founders thereof, 
agreeably to the intentions of the founders of said 
Academy ; and as such corporation may do and per- 



264 



PHILLIPS ACADEMY. 



J«w. 17,1824, 



Proviso. 



Meetings, how 
called. 



Authorizing- 
appeals. 



Power of Court. 



Proviso. 



form all acts and things required of them by such 
statutes ; provided, that the corporation hereby crea- 
ted shall have no power to take 6r hold real or per- 
sonal estate without the consent of the Common- 
wealth expressly given therfor. 

Sec. 2. Be it further enacted, That the first meet- 
ing of said visitors may be called by either of the 
members of said board, and at such, or at any future 
meeting duly called for that purpose, they may es- 
tablish such rules and regulations for the govern- 
ment of said board as they may think proper ; pro- 
vided, the same shall not be repugnant to the consti- 
tution, and laws of this Commonwealth,nor to the stat- 
utes of the founders of said Institution. 

Sec. 3. Be it further c;i«c/ec?, That if the said visi- 
tors shall at any time act contrary to the statutes of 
the founders of said Institution, or exceed the limits 
of their jurisdiction, the party aggrieved may appeal 
to the Supreme Judicial Court, to be holden within 
and for the County of Essex, and the said Supreme 
Judicial Court, which may be authorised to decide 
questions of law in civil actions, is hereby authorised 
to declare nrll and void any decree or sentence of 
the visitors, which they may consider contrar}^ to the 
statutes of the founders, and beyond the just limits 
of the power prescribed to them thereby : Provid- 
ed, hoivever, that nothing herein contained, shall be 
construed to limit or restrain the vSupreme Judicial 
Court from exercising all such jurisdictionin rela- 
tion to said corporation, as by law they might exer- 
cise, had not this special provision been made. 



[Approved by the Governor, January 17th, 1824.] 



LIFE INS. HOSPITAL. Jan. 17, 1824. 265, 

CHAP. LI. 

An Act in further addition to an Act to incorporate 
the Massachusetts Hospital Life Insurance Com- 
pany. 

Sec 1. JjE i/ enacted by the Senate and House of 
Repesentatives in General Court assembledfand by the 
authority of the same, That at the next meeting of 
the Stockholders of the said Corporation, they shall 
elect one of said stockholders to be President of the J^';°\'=e of Press- 
said Corporation, and that so much of the third sec- 
tion of the act entitled, "An Act to incorporate the 
Massachusetts Hospital Life Insurance Company," 
passed February twenty-fourth, m the year of our 
Lord one thousand eight liundred and eighteen,as pro- 
vides that the Directors of said corporation at the first 
meeting after their election shall choose one of their 
own number as President of the said corporation, be, 
and the same is hereby repealed. 

Sec. 2. Be it further enacted, That the agreement 
entered into, between the Trustees of the Massachu- 
setts General Hospital, and the Massachusetts Hos- 
pital Life Insurance Company, in words following, to 
Avit : — " That the Trustees of the Massachusetts 
General Hospital, do agree to receive one third part^fitte'lSf^"^ 
of the net profits accruing to said Company from In- 
surance on lives by sea and on land, reversionary pay- 
ments, and generally from all kinds of contracts in 
which the casualties and contingencies of life, and 
the interest of money are principally involved, after 
deducting for the use of the said Stockholders, legal 
interest on the amount of capital actually paid in by 
them and invested in pursuance of the provisions of 
their said act, said interest not being calculated on 
any part of the profits of said stock : Provided, thCp^^^.^^ 
said Insurance Company shall bind itself in writing, 
to pay over annually to the Trustees of the Massa- 
chusetts General Hospital, for the use of said Hos- 
pital, one third part of all their net profits, computed 



266 EVANG. TRACT SOCIETY. Jan. 27, 1824. 

on the principle above stated, as well on reversiona- 
ry payments and all other contracts made by said 
Company in which the casualties of life and interest 
of money are principally concerned, as on insurances 
on lives, which alone are mentioned in the seventh 
section of the act to which this is in addition, be, and 
the same is hereby confirmed. 

[Approved by the Governor, January 17th, 1824.] 



CHAP. LII. 

An Act to incorporate the Evangelical Tract 
Society. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Cotirt assembled, and by 
the authority of the same, That Thomas Baldwin, 

jnoni incorpor j)j^j^jg| gfj^rp, Fraucis Wayland, Charles Train, Lu- 
cius Bolles, Nathaniel W. Williams, Joseph Graf- 
ton, Bela Jacobs, ^Ensign Lincoln,^ Levi Farwell, 
Ward Jackson, Thomas Kendall, and John E. Jones, 
with their associates and successors, be, and hereby 
are incorporated and made a body politic, by the 
name of The Evangelical Tract Society, for the pur- 
pose of publishing pious and useful books and Tracts 
for distribution among the ignorant and destitute; and 
by that name may sue and be sued, plead and be im- 
pleaded, appear in Court, defend and prosecute to 
final judgment, and execution ; and in their said cor- 
porate capacity, they may have, and use a common 
seal; and they and their successors forever may 
take, possess, and apply to the purposes of said Cor- 

Appropriation ofporation, any monies which may be given for imme- 
diate use, and may hold as a permanent fund any 
estate whether real or personal, the yearly income of 
which shall not exceed one thousand dollars, and the 
same shall be faithfully appropriated to the object 
aforesaid, and not otherwise. 



INDIGENT BOYS. Ja^i. 27, 1824. 267 

Sec. 2. Be it further enacted^ That the said Cor- 
poration may make and establish such rules and ^"'*'*'''y '*'"•• 
by-laws as shall be found expedient for the manage- 
ment of their concerns, which are not repugnant to 
the constitution and laws of this Commonwealth ; 
provided, however, that the Legislature may alter or 
repeal this act at their pleasure. 

Sec. 3. Be it further enacted, That Thomas Bald- 
win is authorised to call the first meeting of said 
Corporation, by giving public notice thereof in one 
of the Newspapers printed in Boston. 

[Approved by the Governor, January 27th, 1824.] 



CHAP. LIII. 

An Act in addition to an Act, entitled an Act to in- 
corporate the Boston Asylum for Indigent Boys. 

Jl5E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the power recogni- 
sed in the act, to incorporate the Boston Asylum for 
indigent boys of the parent or guardian of any in- 
digent boy or boys, to surrender in writing him or 
them to the managers of said Asylum, for the purpo- 
ses mentioned in said act, shall in case said boy or 
boys have no parent or guardian within the City of 
Boston, nor legal settlement in any other town in this 
Commonwealth, be possessed and exercised by the 
overseers of the poor of the City of Boston, and that 
the managers of said Asylum shall have the same 
authority and control over boys surrendered in the 
manner herein prescribed, as they now have over 
boys surrendered by their parents or guardians. 

[Approved by the Governor, January 27th, 1824.] 



268 BARRE TURNPIKE. Jan. 28, 1824. 

CHAP. LIV. 

An Act in addition to an Act entitled an Act to estab- 
lish the Barre Turnpike Corporation. 

33 E it enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That the proprietors of the 
Barre Turnpike Corporation be, and they hereb}^ are 
authorized to erect a gate at any place within fifty 
rods of the dwelling house of John Davis, in Prince- 
ton, when said Turnpike road shall have been com- 
pleted, any thing in the General Turnpike law to the 
contrary notwithstanding. 

[Approved by the Governor, January 28,4824.] 



CHAP. LV. 

An Act to annex John Ward, with his family and 
estate, and the estate of William Barrell and oth- 
ers to the town of Ashburnham. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
authority of the same, That J. Ward of Westminster, 
with his family, and so much of his real estate and of 
the real estate of W. Barrell,Ohio Whitney,Silas Whit- 
ney, and Samuel Whitney, as lies within the said town 
of Westminster, be, and the same hereby are annexed 
to the town of Ashburnham, and the real estate afore- 
said made a part of said Ashburnham ; and that the 
said John Ward and family, shall hereafter be consid- 
ered inhabitants of said town of Ashburnham, and 
shall there exercise and enjoy all the rights and priv- 
ileges, and be subject to the like duties and requisi- 



METH. CHURCH IN DUXBURY. Jan. 28, 1824. 269 

tions as the other inhabitants of said Ashburnham : 
Provided., That the persons and estate aforesaid, shall Proviso- 
be holden to pay all taxes now assessed upon the 
same, in the same manner as if this act had not been 
passed, and also the proportionate part of all State 
and County taxes, which shall be laid upon the said 
town of Westminster, until another general valuation 
shall be made. 

[Approved by the Governor, January 28th, 1824.] 



CHAP. LVI. 

An Act to incorporate the trustees of the Methodist 
Episcopal Church in Duxbury. 

Sec. 1. bE it e.iacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same, That Studley Sampson, ^Pe'j»o'«»ncorpo. 
Joseph Winsor, Snow Magoun, Henry Chandler, 
Seth Sprague, Seth Sprague, Jr. George Winsor, 
Solomon Washburn, and Lemuel Harlow, all of Dux- 
bury, in the County of Plymouth, be, and they here- 
by are constituted a body corporate and politic by 
the name of the trustees of the Methodist Episcopal 
Church in Duxbury, for the promotion of piety, reli- 
gion and morality ; and they and their successors 
shall be, and continue a body politic and corporate 
by that name forever : and they shall have a common 
seal, subject to be altered at their pleasure ; and they 
may sue and be sued, in all actions, real, personal or 
mixed, and prosecute and defend the same to final 
judgment and execution by the name aforesaid. 

Sec. 2. Be it further enacted, That the aforesaid 
trustees and their successors shall and may annually o^«^j;°"of 
elect a President, and a Secretary to record the do- 
inss and transactions of the trustees, and a Treasurer 
37 



270 METH. CHURCH IN DUXBURY. Jan. 28, 1824. 

to receive and apply the monies or property herein- 
after mentioned, as hereinafter directed, and any oth- 
er officer that may be necessary for the managing of 
their business ; and they may make rules, regulations 
and by-laws not repugnant to the laws of this Com- 
monwealth. 

Sec. 3. Be it further enacted^ That the number of 
Number of Trus.^pyg^ggg ^\^^\\ jjot at any one time be more than nine, 

nor less than seven : five of their number, shall con- 
stitute a quorum for transacting business, and they 
may and shall, from time to time, fill up vacancies in 
their number, which may happen by death, resigna- 
tion, or otherwise as hereinafter provided. And such 
trustees shall annually hold a meeting in March, or 
April, and at such other times as may be necessary ; 
which meetings, after the first, shall be called in 
such way and manner, as the trustees aforesaid shall 
hereafter direct. 

Sec. 4. Be it further enacted., That the aforesaid 
trustees and their successors are hereby made cnpa- 

hddyopenyf"''ble in law to possess and hold all the property, both 
real and personal, belonging to the Methodist Epis- 
copal Church, in Duxbury, in trust forever, for the 
use and benefit of the members, for the sole purpose 
of promoting the public worship of Almighty God, 
according to the doctrines and discipline of said 
Church. And in further trust and confidence, that 
whenever one or more of said trustees shall die, or 
from any cause cease to be a member or members of 
said corporation, then and in that case, the vacancy 
shall be supplied according to the direction given in 
the discipline of said Church, that is, the minister or 
preacher who shall be regularly appointed to the 
pastoral charge of the members of said Church for 
' the time being, shall have the right to nominate, and 
the trustees may confirm or reject such nomination. 

r^'^'''^^^ Sec. 5. Be it further enacted., That any gift, grant, 
bequest or devise made, or that hereafter may be 
made to the said trustees or their successors, shall be 
valid and effectual to all intents and purposes what- 
ever, and they are hereby empowered to hold real 



CENT. SCHOOL IN WORCESTER. Jan. 27, 1824. 271 

and personal estate, the annual income of which shall 
not exceed six hundred dollars : Provided', That the proviso. 
entire income be strictly appropriated to promote the 
objects of this corporation, and also that the gifts, 
grants or donations be faithfully applied according to 
the real intent and design of the donor. 

Sec. 6. Be it further enacted, That all deeds and 
instruments which the said trustees ma}^ lawfully Trustees uawe 
make in their said capacity, shall, when made in their 
name, an(^ signed and sealed with their common seal, 
and delivered by them, be binding on said trustees 
and their successors and be valid in law. 

Sec. 7. Be it further enacted, That Seth Sprague, 
Esq. be and he is hereby authorized to appoint the 
time and place for holding the first meeting of said 
trustees, and to notify them thereof. 

# 

[Approved by the Governor, January 28th, 1824.] 



CHAP. LVII. 

An Act empowering the Centre School District, in 
the town of Worcester, to raise money. 

JlJe it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the inhabitants of the 
Centre School District, in the town of Worcester, in 
the County of Worcester, be, and they hereby are 
authorized and empowered, at legal meetings called ^^Jower to rsis^ 
and held for that purpose from time to time, to vote 
and raise money, in addition to the monies voted and 
raised by the Town, to be appropriated, to the sup- 
port of Schools within said District, in such manner 
as the inhabitants of said District may direct ; and 
the said District shall have the same power and au- 
thority to grant and raise money for the support of 



273 MARBLEHEAD COL'N SOCIE. Jan. 28, 1824. 

Schools ill said District, as School Districts now have 
, by law to grant and appropriate money for the buil- 
ding and repair of School-Houses within the same, 
and shall proceed in tlie same manner in relation 
thereto ; and the like proceedings shall be had in the 
FroTiw. assessment and collection thereof : Provided^ never- 

theless, That nothing in this act, contained, shall be 
construed to impair, or in any wise affect the rights 
and obligations of the town in relation to the manner 
of granting and appropriating money to the support 
of Schools, within said town, nor the right of said 
District to a distributive share thereof, but the same 
shall be and remain as though this act had not been 
passed. 

[Approved by the Governor, January 27th, 1824.] 



CHAP. LVIII. 

An Act to incorporate the Columbian Society in 
Marblehead. 

vSkc. 1. JJe it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That William B. Adams, 

p««oMiiicorporj^ygggll Bailcy, Johu Roundy, John Sparhawk, Jr. 
Samuel Homan, Nathaniel Brimblecom, Jr. John 
Orne, Jr. and their associates, successors, and assigns- 
be, and hereby are incorporated and made a body 
politic forever, by the name of the Columbian Socie- 
ty of Marblehead, with power to have a common seal ; 
to sue and be sued, to make and ordain from time to 
time a constitution, by-laws, rules and regulations for 
the government and management of the said corpora- 

ProTiio. tion : Provided, The same are not repugnant to the 

constitution of this Commonwealth, and that they 
have all the privileges usually given by acts of incor- 
porations to literary societies. 



MARBLEHEAD COL'N SOCIE. Jan. 28, 1824. 273 

Sec. 2. Be it further enacted^ That said corpora- 
tion may take by purchase, gift, grant, or otherwise, 
and hold real estate not exceeding the value of fivre^^^''^'"'"'''''^' 
thousand dollars, and personal estate not exceeding 
the value of ten thousand dollars, for the purposes 
and uses of said corporation. 

Sec. 3. Be it further enacted^ That any Justice of 
the Peace in the town of Marblehead be, and is here- 
by authorised to call the first meeting of said soci- Meetings. 
ety under this act, by posting notification thereof in 
three public places in said Marblehead,which meeting 
shall be held at the hall of said society, at which the 
constitution and by-laws of said corporation shall be 
read, after which no alteration, amendment, or addi- 
tion to the constitution of said society shall be lawful, 
except the same shall have had three readings at 
three regular meetings of said corporation, and shall 
be agreed to by at least two thirds of the whole 
numbc r of legal members who shall be resident on 
shore in said Marblehead. 

Sec. 4. Be it further efiacted, That whenever the 
amount of five hundred dollars shall be subscribed 
for, by any person or persons, the Treasurer of said 
corporation shall issue certificates to such persons 
for as many shares which they shall have subscribed 
for, and paid in to said Treasurer, calculating said . . . 

1 in I I'l •/- 1111 Amount of 

shares at ten dollars each, which certificate shall be •t'*'"- 
made payable to the holders thereof, in twenty-one 
years from the eighth of January, in the year one 
thousand eight hundred and twenty-four, and bear 
interest thereon not exceeding half the rate of inter- 
est established by the laws of this Commonw^ealth, 
which interest,if any,shall be payable on the thirty first 
day of December, annually, which fund shall be pla- 
ced in the hands of one or more trustees appointed 
by said corporation, and the principal thereof held 
inviolate and untouched : Provided, That said certifi- 
cate shall be countersigned by the President of said 
corporation. 

Sec. 5. Be it further enacted, That the funds and 
p roperty of said corporation, shall never be divided 



274 PARISH IN W. NEWBURY. Jan. 28, 1824. 

among the members thereof, without the approbation 
of the Legislature of this Commonwealth, two thirds 
of the whole number of members of said corporation 
requesting the same. 

[Approved by the Governor, January 28th, 1824.] 



CHAP. LIX, 

An Act to establish the first parish in West Newbury, 

JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That the parish in West 
Newbury,which was formerly known and styled as the 
second parish in Newbury, shall hereafter be known 
and styled the first parish in West Newbury, and 
hold, possess, and enjoy all the rights and privileges 
now to them belonging, together with all the powers 
incident to parishes. 

[Approved by the Governor, January 28th, 1824.] 



CHAP. LX. 

An Act to incorporate the Saxon Factory. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Jeremiah Gore, John 
S. Harris, Stephen, Gore, Jr. Ephraim Jones, Abney 
incorporated. Wheclcr, Benjamin Wheeler, and Eliphalet Wheeler, 
their associates, successors and assigns, be, and they 
are hereby made a Corporation, by the name of the 



Persons 



NEW ENGLAND MUSEUM. Feb. 4, 1824. 275 

Saxon Factory, for the purpose of manufacturing 
wool at Framingham, in tlie County of Middlesex, 
and for this purpose shall have all the powers and 
privileges, and be subject to all the duties and re- 
quirements contained in an act passed on the third day 
of March, in the year of our Lord one thousand eight 
hundred and nine, entitled an act defining the gen- 
eral powers and duties of manufacturing corporations, 
and the several acts in addition thereto. 

Sec. 2. Be it further enacted, That said Corpora- 

iir»n •!/» 1 ij^i 4- Capital K eitate. 

tion may be lawfully seized ot such real estate, not 
exceeding the value of one hundred thousand dollars, 
and of such personal estate, not exceeding two hun- 
dred thousand dollars, as may be necessary for carry- 
ing on the factory aforesaid. 

[Approved by the Grovernor, February 4th, 1824.] 



CHAP. LXI. 

An Act in addition to an Act, entitled An Act to in- 
corporate the proprietors of the NeAV England 
Museum, and Gallery of Fine Arts. 

Sec. 1. x>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the proprietors of the 
New England Museum and Gallery of Fine Arts, 
their successors and assigns shall have restored to - 
them, and there hereby are restored to them, all the 
rights and privileges to them granted in their act 
of incorporation, and which they were entitled by 
said act to enjoy at the time of its being granted : 
Provided, The doings of said proprietors have not 
been contrary to the provisions of said act of incor- 
poration. 

Sec. 2. Be it further enacted, That said proprie- 
tors of the New England Museum and Gallery of 



270 NORFOLK MAN. SOCIETY. Feb. 4, 1824 

Fine Arts, are hereby authorized and made capable 
May hold estate, in law in their corporate capacity, to hold and pos- 
sess personal estate to the amount of forty thousand 
dollars, and real estate to the amount of thirty thou- 
sand dollars. 

[Approved by the Governor, February 4th, 1824.] 



CHAP. LXII. 

An Act to incorporate the Norfolk Manufacturing 
Company. 

Sec. 1. 1>E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 

wporated. the authority of the same, That John Lemist, Samuel 
H. Babcock, George Bird, I. Farnsvvorth and Frede- 
rick A. Taft, together with such others, as may here- 
after associate with them, their successors or assigns, 
be and they hereby are made a corporation by the 
name of the Norfolk Manufacturing Company, for the 
purpose of manufacturing cotton goods in the town of 
Dedham, in the County of Norfolk, and for this pur- 
pose shall have all the powers and privileges, and 
shall be subject to all the duties and requirements 
prescribed and contained in an act passed the third 
day of March, in the year of our Lord one thousand 
eight hundred and nine, entitled " An Act defining 
the general powers and duties of Manufacturing Cor- 
porations," and the several acts in addition thereto. 

Sec. 2. Be it further enacted, That the said Nor- 
folk Manufacturing Company may lawfully hold and 
possess such real and personal estate as may be ne- 
cessary and convenient for carrying on the said Man- 
ufacture : Provided, The value of such real estate 

Capital, shall not exceed the sum of fifty thousand dollars, and 
the value of such personal estate shall not exceed one 
hundred thousand dollars. 

[Approved by the Governor, February 4th, 1824.] 



NEW-ENG. CR. GLASS COM. 



Feb. 4, 1824, 



277 



CHAP LXIII. 

An Act to incorporate the New-England Crown 
Glass Company. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives in General Court assmbled, and by 
the authority of the same, Tliat Deming Jarvis, Ed- 
mund Mnnroe, Daniel Hastings, Amos Binney, and 
their associates, successors, and assigns, be, and they 
are hereby made a corporation by the name of tlie 
New-England Crown Glass Company, for the pur- 
pose of manufacturing Crown Window Glass in the 
city of Boston, and town of Cambridge ; and for the 
purpose aforesaid, shall have all the powers and priv- 
ileges, and be subject to all the duties and require- 
ments, contained in an act passed the third day of 
March, in the year of our Lord, one thousand eight 
hundred and nine, entitled, " An Act defining the 
general powers and duties of manufacturing corpora- 
tions," and the several acts in addition thereto. 

Sec. 2. Be it further enacted, That the said Cor- 
poration may be lawfully seized and possessed of 
such real estate, not exceeding one hundred thousand 
dollars in value, and such personal estate not exceed- 
ing two hundred thousand dollars, as may be neces- 
sary and convenient for carrying on the manufacture 
aforesaid. 

[Approved by the Governor, February 4th, 1824.] 



Person* 
Iocorporated> 



Capital, 



38 



278 MIDDLESEX IRON F. COMP. Feb. 4, 1824, 



CHAP. LXIY. 

An Act to incorporate the Middlesex Iron Founding 
Company in the City of Boston and Town of Cam- 
bridge. 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 

PcKonsincorpo-^^^ authority of the snme, That Ezra Stone, Jonah 
Tenny, William Granville, A. P. Sherman, Joseph 
Shed, Amos Binney, William Rogers and their asso- 
ciates, successors and assigns be, and they are here- 
by made a corporation by the name of the Middlesex 
Iron Founding Company, for the purpose of casting 
and founding iron of all kinds, in the City of Boston 
and Town of Cambridge ; and for the purpose afore- 
said, shall have all the powers and privileges, and be 
subject to all the duties and requirements, contained 
in an act passed the third day of March, in the year 
of our Lord one thousand eight hundred and nine, 
entitled " An act defining the general powers and du- 
ties of manufacturing corporations," and the several 
acts in addition thereto. 

Sec. 2. Be it further enacted, That the said Cor- 
poration may be lawfully seized and possessed of such 

c.p.tai. real estate not exceeding one hundred thousand dol- 

lars in value, and such personal estate not exceeding 
two hundred thousand dollars, as may be necessary 
and convenient for carrying on the manufacture afore- 
said. 

[Approved by the Governor, February 4th, 1824.] 



BOSTON AND IPS. LACE COMP. Feb. 4, 1824. 279 



CHAP. LXV. 

An Act to incorporate the Boston and Ipswich Lace 
Company. 

Sec. 1. OE it enacted by the Senate and House of ^ 

Representatives, in General Court assembled, and by 
the authority of the same, Thdit Joseph Farley, Will- ff/j°»» '"•=o'^p'"" 
iam H. Sumner, Augustine Heard and George W. 
Heard, with all such others as have already associated, 
or may hereafter associate with t'lem, their succes- 
sors and assigns, be and they hereby are made a Cor- 
poration, by the name of the Boston and Ipswich 
Lace Company, for the purpose of manufacturing 
Lace, and other articles made of linen, silk, cotton 
and woollen materials, in the town of Ipswich in the 
County of Essex ; and for that purpose shall have all 
powers and privileges, and be liable to all the duties 
and requirements contained in an act entitled, " An 
act defining the general powers and duties of manu- 
facturing corporations," passed the third day of March, 
in the year of our Lord one thousand eight hundred 
and nine, and the several acts in addition thereto. 

Sec. 2. Be it further enacted, That said corpora- 
tion may be lawfully seized and possessed of such 
real estate, not exceeding in value fifty thousand dol-capitai, 
lars, and such personal estate not exceeding one hun- 
dred thousand dollars, as may be necessary and con- 
venient for carrying on the manufactures aforesaid. 

Sec. 3. Be It further enacted. That any one or 
more of the persons above named are hereb]^ autho- 
rised and empowered to call the first meeting of the 
members of said corporation, at such time and place 
as they may see fit to appoint, by advertising the 
same in any newspaper printed in the City of Bos- 
ton, for the purpose of choosing officers, and making 
by-laws for the government of said corporation. 

[Approved by the Governor, February 4th, 1824.] 



280 PEWS IN SECOND CH. BOSTON. Feb. 4, 1824 



CHAP. LXYI. 

An Act to incorporate and confirm the proprietors of 
pews in the meeting-house of the second Church 
and Society in Boston, a religious society by the 
name of the second Church and Society of Boston. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 

vttMwmzwpo-the authority of the same, That Samuel Parkman, 
James Foster, Enoch Patterson, Robert M. Barnard, 
and Gedney King, with all others, proprietors of 
Pews in the Meeting House of the Second Church 
and Society in Boston, who may become their asso- 
ciates in this behalf, and their successors, proprietors 
as aforesaid, be, and they are hereby made and con- 
stituted a body politic and corporate, by the name 
of the Second Church and Society of Bos- 
ton ; by which name they may sue and be sued ; and 
the said corporation shall have power to provide and 
use a common seal, to hold and acquire real estate, 
not exceeding the yearly income of four thousand 

Estate. dollars, and personal estate not exceeding the capi- 

tal sum of fifty thousand dollars, and shall be, and they 
hereby are deemed in law to be seized and possessed 
of the said meeting house, with all the lands under and 
adjoining the same, and thereto belonging, with the 
privileges and appurtenances, and all other real and 
personal estate which the said Parkman, Foster, Pat- 
terson, Barnard and King, and their associates as 
aforesaid, have in their capacity, as said proprietors, 
heretofore holden in common and undivided, as fully 
as the same meeting-house and other real and person- 
al estate have, by them, heretofore been holden and 
possessed, reserving, however, to the several propri- 
etors of pews in the said meeting-house, their righ< 
and interest in said pews respectively. 



PEWS IN SECOND CH. BOSTON. Feb. 4, 1824. 281 

Sec. 2. Be it further enacted. That the said Cor- 
poration shall be entitled to all the rights and privi- 
leges, and be subject to all the contracts and obliga- ^"^^'^^"euand 
tions, heretofore by the said proprietors enjoyed and ""« """>'^'- 
contracted, and shall be, and hereby are empowered, 
from time to time, to make such further contracts, and 
to raise such sum or sums of money as they shall 
judge necessary for tlie maintenance and support of 
the public worship of God, and for the erection, main- 
tenance and repair of churches or other buildings, 
and for all other parochial and incidental charges 
whatever. 

Sec. 3. Be it further enacted., That said corpora- 
tion shall have, and hereby is deemed in law to have 
power to make and ordain all such rules and by-law s, 
for the purpose of holding meetings, establishing of- 
fices and fixing the powers and duties thereof, and 
determining the mode of electing and appointing the 
officers thereui, assessing and collecting taxes, and 
whatever else may be necessary and proper for the 
purpose for^vhich said corporation is hereby created, 
as a majority of the members of said corporation shall 
agree to make and ordain : Provided, The same be * 
not repugnant to the constitution or laws of this Com- 
monwealth. 

Sec. 4. Be it further enacted. That the said Samu- 
el Parkman, James Foster, Enoch Patterson, Robert 
M. Barnard and Gedney King, or any three of them, 
may cause the first meeting of the said proprietors Meeting 
to be called, for the purpose of making such rules and 
by-laws, and carr} ing into effect this act of incorpo- 
ration, by causing a notification thereof, and of the 
time and place, to be posted up at the door of said 
meeting-house, at least seven days before the said 
meeting shall be holden. 

[Approved by the Goveinr r, February 4th, 1824.1 



282 REM. IN EQU. ON GAOL BONDS. Feb. 4, 1824 

CHAP. LXVII. 

An Act giving remedy in equily on Gaol Bonds. 

l3E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That in all actions upon 
bonds given to entitle imprisoned debtors to the 
liberty of the gaol yard, the Court before which such 
actions may be pending, if it shall appear that the 
condition of such bonds has been broken, after the 
passing of this act, shall render judgment therein for 
the plaintiffs to recover so much mone}^ and no more, 
as may be due according to equity and good con- 
science, any law or usage to the contrary notwith- 
^ standing : Provided, however. That judgment afore- 

said shall never be rendered for a less sum than the 
amount of the execution upon which the debtor was 
committed, with the lawful interest on the same, and 
all lawful charges thereon. 

[Approved by the Governor, February 4th, 1824.] 



CHAP. LXVIII. 

An Act to incorporate the South Boston Crown Glass 
Company. 



incorporated 



Sec. 1. JJe it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
Persons thc autlwrity of the same. That Jonathan Hunnew ell, 
Samuel Gore, Samuel H. Walley, Henry G. Foster, 
and John S. Foster, with such other persons as al- 
ready have or hereafter may associate with them, 
their successors, or assigns, be, and they are hereby 
made a Corporation, by the name of the South Bos- 
ton Crown Glass Company, for the purpose of manu- 



FIRST CONG. SO. IN MARB. Feb. 7, 1824. 283 

facturing glass ; and for that purpose shall have all 
the powers and privileges, and be subject to all the 
requirements in an act passed the third day of March 
in the year of our Lord one thousand eight hundred 
and nine, entitled " An Act for defining the general 
powers and duties of manufacturing corporations," 
and the several acts in addition thereto. 

Sec. 2. Be it further enacted. That said Corpora- 
tion may be lav/fuUy seized and possessed, of such 
real estate, not exceeding fifty thousand dollars, and 
such personal estate not exceeding two hundred ^^''" 
thousand dollars in value, as may be necessary and 
convenient for carrying on the manufacture of glass. 

{Approved by the Governor, February 4th, 1824.] 



CHAP. LXIX. 

An Act to incorporate the First Congregational So- 
ciety in Marblehead, in the County of Essex. 

Sec 1. JjE zY enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the persons who now inwrJoraU 
are, or who hereafter shall be proprietors of the 
North Meeting-house, in Marblehead, in the County 
of Essex, wherein the reverend Samuel Dana offi- 
ciates, and of the land under and adjoining the same, 
or of any other building which shall be provided and 
maintained by the same religious society, for their 
public worship, and of the land under and adjoining 
the same, be, and they hereby are incorporated and 
made a body politic,and religious society,by the name 
of the First Congregational Society in Marblehead; 
and in that name may sue and be sued ; and shall be 
invested with all the powers, privileges, and immu- 
nities, to which other religious societies in this Com- 



Proviso. 



monej". 



284 FIRST CONG. SO. IN IVIARB, Feb. 7, 182'^.' 

monwealth are entitled by law ; and shall be capa- 
ble of purchasing and holding estate, real and per- 
sonal ; Provided^ that tlie annual income of the whole 
estate of said Corporation, beside the meeting-house, 
shall not at any time exceed the value of three thou- 
sand dollars. 

Sec. 2. Be it further enacted. That said proprie- 
tors be and are hereby authorised and empowered to 
raise by an assessment on the pews and seats in their 
-owei- to rai.e meetiuff-house, such sum or sums of money for the: 
settlement and maintenance of a minister or minis- 
ters, repairing the meeting-house and defraying the 
other expenses of public worship, with incidental 
charges, as they shall agree on, at any legal meeting 
called for that purpose, and the same may assess, or 
cause to be assessed upon such pews and seats as 
the proprietors at any such meeting shall determine 
on, according to the respective valuation thereof, as 
recorded in the proprietors' book : Provided, hoivever. 
That exemptions from said assessments shall be ex- 
tended to all such pews and seats as may be agreed 
on by the proprietors of the meeting house, at their 
annual meeting : and the sums so assessed shall be 
paid by the proprietors of such pews and seats : And 
if any proprietor of a pew or seat, shall neglect to 
pay any assessment which shall be legally made 
thereon, for one year after the same shall have been 
made, the Standing Committee of said proprietors 
shall be authorized and empowered to sell and con- 
vey said pew or seat of any such delinquent proprie- 
tor, at public auction, first giving notice thereof, 
fourteen days at least, previous to the sale, by post- 
ing up a notification at the door of said meeting 
house, and upon such sale to execute a good and 
sufficient deed or deeds thereof; and after deducting 
the amount of said delinquent's assessment, together 
with the legal interest thereon, from the time the 
same was made, and all incidental charges, the said 
Committee shall pay the surplus, if any there be, to 
such delinquent proprietor. 



Proviso' 



BUD. WOOL. MANU. COMPANY. Feb. 6, 1824. 285 

Sec. 3. Be it further enacted. That all contracts 
heretofore made, by the said proprietors, with their 
minister or others, shall devolve and be bindina; upon „ . 

' ^ SI Previous oontracu 

them by their name and in their corporate capacity "*"= ''''«'*°fi:- 
aforesaid ; and all the votes and doings of said pro- 
prietors, so far as the same are not repugnant to the 
laws of this Commonwealth, shall be good and valid 
in law, and of the same force and virtue as though 
they had been passed under this act. 

[Approved by the Governor, February 7th, 1824] 



CHAP. LXX. 

An Act to incorporate the Dudley Woollen Manu- 
facturing Company. 

Sec. 1. Jl>E it enacted by the Senate and House of 
Representatives in General Court ass embled, and by 
the authority of the same.. That John Brown, Nathan- 
iel Lyon, Perez B. Wolcott, and Samuel H. Babcock, 
their associates, successors, and assigns, be, and they 
are hereby made a Corporation by the name of the 
Dudley Woollen Manufacturing Company, for the 
purpose of manufacturing Wool at Dudley, in the 
County of of Worcester ; and for this purpose sliall 
have all the powers and privileges, and be subject 
to all the duties and requirements contained in an 
Act passed on the third da}^ of March, in the year 
of our Lord one thousand eight hundred and nine, 
entitled, " An Act, defining the general powers and 
duties of manufacturing corporations," and the sev- 
eral acts in addition thereto 

Sec. 2. Be it further enacted. That the said cor- 
poration may be lawfully seized and possessed of 
such real estate, not exceeding the value of fifty 
39 



PenoDf 
incorporates 



286 ATLAS INSURANCE COMPANY. Feb. 6, 1824 

Capital, thousand dollars, and such personal estate, not ex- 
ceeding the value of one hundred thousand dollars, 
as may be necessary and convenient for carrying on 
the manufacture aforesaid. 

Sec. 3. Be it further enacted^ That John Brown 
be. and he is hereby authorized to appoint the time, 
and place for holding the first meeting of said corpo- 
rators, and to notify them thereof, either by personal 
notice, or othervv^ise. 

[Approved by the Governor, February 6th, 1824.] 



CHAP. LXXI. 

An Act to incorporate the Atlas Insurance Company. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
■ cor"°"ted '^^^ authority of the same, That Samuel Adams Wells, 
William Savage, William H. Bordman, Jeremiah 
Fitch, Charles P. Curtis, and Samuel Austin, Jr. with 
their associates, successors and assigns, be, and they 
hereby are incorporated into a company and body 
politic, by the name of the Atlas Insurance Company, 
with all the powers and privileges granted to insur- 
ance companies, and subject to all the restrictions, 
duties and obligations, contained in a lav/ of this 
Commonwealth, entitled, " an Act to define the pow- 
ers, duties and restrictions of insurance companies," 
passed on the sixteenth day of February, in the year 
of our Lord eighteen hundred and eighteen, and in a 
law of this Commonwealth, entitled, "an Act authoriz- 
ing the several Insurance Companies in this Com- 
monwealth, to insure against fire," passed on the 
twenty-fii st da\ of February, in t'le year of our Lord 
one thousand eight hundred and twent}^ for and dur- 
ing the term of twenty years after the passing of this 
act ; and by that name, may sue and be sued, plead 



ATLAS INSURANCE COMPANY. Feb. 6, 1824. 287 

and be im])leaded, appear, prosecute and defend to 
final judgment and execution ; and may have a com- 
mon seal, which they may alter at pleasure ; and may 
purchase, hold and convey, any estate real or person- 
al for the use of said Company : Provided., the saidproTi«o 
real estate shall not exceed the value of thirty thou- 
sand dollars, excepting such as may be taken for 
debt, or held as collateral security for money due to 
said Corporation. 

Sec. 2. Be it further enacted, That the Capital capita!. 
Stock of said Company shall be three hundred thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, fifty per centum of which shall 
be paid in money within ninety days after the first 
meeting of the said company, and the residue within 
one year from the passmg of this act, in such instal- 
ments and under such penalties as the President and 
Directors shall in their discretion direct and appoint. 
And the said Capital Stock shall not be sold or trans- 
ferred, but shall be holden by the original subscribers condition of 
thereto for and during the term of one year after the '*°'''"*^"°''' 
said compan}^ shall go into operation ; and if the pro- 
visions of this act shall not be complied w ith, in one 
year from the first meeting, the same shall then be 
void. 

Sec 3. Be it further enacted, That the stock,prop- 
ert}^ affairs and concerns of the said company, shall 
be managed and conducted by nine Directors, one of omcers. 
whom shall be the President thereof, who shall hold 
their offices for one year and until others are chosen, 
and who shall at the time of their election be Stock- 
holders in said company and citizens of this Common- 
wealth : and shall be elected on the second Monday ^^^j-j^^'^f «'«<=• 
m March in each and every year, at such time of the 
day, and in such place in Boston as a majority of the 
Directors present at any legal meeting thereof, from 
time to time shall appoint ; of which election public 
notice shall be given in two of the newspapers print- 
ed in Boston, and continued for the space of ten days 
immediately preceding such election ; and the elec- 
tion shall be made by ballot by a majority of the 



288 ATLAS INSURANCE COMPANY. Feb. 6, 1824- 

Stockholders present, allowing one vote to each share 
proTi».in the Capital Stock; Provided., that no Stockholder 
shall he allowed more than thirty votes ; and absent 
Stockholders may vote by proxy, under such regula- 
tions as the said company shall prescribe. And if 
through any unavoidable accident the said Directors 
shall not be chosen on the second Monday in March 
as aforesaid, it shall be lawful to choose them on any 
other day, giving notice in manner aforesaid. And it 
shall be the duty of the Secretary of the Company at 
any time, upon application in writing of the proprie- 
tors of one fifth part of the Capital Stock, to call a 
meeting of the Stockholders to be holden at such time 
and place in said Boston as they shall direct, for the 
purposes mentioned in such application, by giving 
like notice thereof, as is required for the election of 
Directors. 

Sec. 4. Be it further enacted^ That the Directors 
when chosen shall meet as soon as may be after eve- 
ry election, and shall choose out of their body, one 
Choice of rresi. pcrsou to be President, who shall be sworn (or affirm- 
ed) to the faithful discharge of the duties of his office, 
and shall remain in office one year, and until another 
shall be chosen. And in case of the death, resigna- 
tion or inability to serve, of the President or any Di- 
rector, such vacancy or vacancies shall be filled for the 
remainder of the year in which they happen, by spe- 
cial election for that purpose, to be notified and held 
in the same manner as is herein prescribed respec- 
ting annual elections of Directors. 
Powers of the ^Ec. 5. Bc it furthcr enacted., That the President, 
corporatioD ^^^ jjj jjjg abseuce one of the Directors, shall preside 
at all meetings of the corporation and of the Board of 
Directors, and the President and four Directors or 
five of them in his absence, shall be a Board compe- 
tent to the transaction of any and all business, and all 
questions before them shall be decided by a majorit}^ 
of votes ; and they shall have power to make and pre- 
scribe such rules, regulations and by-laws, as to them 
shall appear needful and proper, touching the man- 



ATLAS INSURANCE COMPANY. Feb. 6, 1824. 289 

agement and disposition of the stock, property, estate 
and effects of said company, and the transfer of the 
shares, and the duties and conduct of the several of- 
ficers, clerks and servants employed, and the election 
of the Directors, and all such matters as appertain to 
the busincsss of Insurance ; and shall also have pow- 
er to appoint a Secretary, and as many clerks and 
servants for carrying on the said business, and with 
such salaries and allowances to them and to the Pres- 
ident, as to the said Board shall seem meet ; Provided,^'°''"°' 
such by-laws and regulations shall not be repug- 
nant to the Constitution and Laws of this Common- 
wealth. 

Sec. 6. Be it further enacted, That the said Insur- 
ance Company shall be located and kept in the City 
of Boston, audit shall be liable to be taxed by anyLiaWetotasa- 
general law providing for the taxation of all similar 
corporations, which are by law liable to be taxed. 

Sec, 7. Be it further enacted, That the said com- 
pany shall never take on any one risk against fire or Risk to be taken. 
other risk, or loan on respondentia or bottomry, on 
any one bottom, at any one time, including the sum 
insured in any other way on the same bottom, a sum 
exceeding ten per centum of the capital stock of the 
said company actually paid in, agreeably to the pro- 
visions of this act. 

Sec. 8. Be it further enacted, That any two or more 
of the persons named in this act are hereby authori- 
zed to call the first meeting of the said company, by Meeting. 
advertising the same for two successive weeks in two 
newspapers printed in Boston, for the purpose of 
electing their first Board of Directors, who shall con- 
tinue in office till the second Monday in March in the 
year of our Lord eighteen hundred and twenty-five, 
and until others shall be chosen in their stead ; Pro-pioviw 
vided, that the said company shall not take any risk, 
nor subscribe any policy by virtue of this act, until 
one hundred and fifty thousand dollars of the Capital 
Stock aforesaid shall have been actually paid in : »lnd 
Provided further, that this charter shall be null and 



290 CHANGE OF NAMES. Feb. 7, 182C 

void unless put in operation within one year from the 
passing of this act. 

[Approved by the Governor, February 6th, 1824.] 



CHAP. LXXII. 

An Act to change the names of the persons therein 
mentioned. 

JjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same^ That the several persons 
herein named, shall hereafter be known and called 
by the names they are hereby allowed to assume, 
viz : — 

That William Cleverly of Weymouth, may take 
the name of William Coolidge ; that Rachel Clever- 
ly, wife of William Cleverly of Weymouth, may take 
the name of Rachel Coolidge ; that Phebe Thayer 
Cleverly of Weymouth, minor, may take the name 
of Phebe Thayer Coolidge; that William Beal Clev- 
erly of Weymouth, minor, may take the name of 
William Beal Coolidge ; that Charles Cleverly of 
Weymouth, minor, may take the name of Charles 
Coolidge ; that Lucy Ann Cleverly of Weymouth^ 
minor, may take the name of Lucy Ann Coolidge ; 
that Thomas Haskins, may take the name of Thomas 
Waldo Haskins ; that Mary Holden Jackson, may 
take the mane of Mary Howard Jackson ; that James 
Brewer of Boston, a minor, son of Elizabeth Brewer, 
may take the name of James Hamilton Brewer ; that 
El am Clark Jr. of Easthampton, may take the name 
of Elam Calhoun Clark ; that George Callender of 
Boston, son of the late Joseph Callender, Grocer, 
may take the name of George Henry Callender; that 
Asiibell Brigham of Boston, may take the name of 
William Ashbell Brigham ; that John Andrews of 
Boston, may take the name of John Brooks Andrews ; 



CHANGE OF NAMES. Feb. 7, 1824. 291 

that Jesse J. Sleeper of Boston, may take the name 
of Romanzo Warwick Montgomery ; that Hervey 
Dival of Winchendon, County of Worcester, may 
take the name of Abel Hervey Wilder ; that Lil- 
bourne Boyd Drane, a member of Harvard Universi- 
ty, may take the name of Robert Brent Drane ; that 
William Metcalf Cobb of Holden, minor, may take 
the name of William Cobb Metcalf; thatBela Burns 
of Boston, may take the name of William Lovejoy 
Burns ; that Jeremiah Sprague of Boston, may take 
the name of George James Sprague ; that John Ha- 
ven Dexter of Boston, merchant, son of Aaron Dex- 
ter, physician, may take the name of John Coffin 
Dexter ; that Elizabeth Knapp of Newburyport, a 
minor, daughter of Mary Knapp, widow, may take 
the name of Jane Knapp ; that Mary Adaras of New- 
buryport, may take the name of Mary Hills Adams ; 
that Lyman Stetson, son of Bela Stetson of Chester- 
field, may take the name of William Lyman Stetson ; 
that Mary Emerson Knight, daughter of Joseph 
Knight of Newbury, minor, may take the name of 
Mary Jane Knight ; that John Peirce Batchelder, of 
Danvers, may take the name of John Batchelder 
Peirce ; that James New of Boston, may take the 
name of James Edwards New ; that Shepherd Gifford 
of Westport, may take the name of Charles Shepherd 
GifFord ; that Barker Gifford of Westport, may take 
the name of Stephen Barker Gifford ; that James Laha 
of Gloucester, may take the name of James Green ; 
that Jonathan Hitchcock of West Stockbridge, may 
take the name of Jonathan Wright Hitchcock ; that 
Josiah Foster, fifth son of Josiah Foster 3d of Beverly, 
may take the name of Josiah Lovett Foster ; that Ben- 
jamin Knight Dunbering of Salem, may take the name 
of Benjamin Knight ; that Tryphosa Kenrick of New- 
ton, may take the name of Mary Eleanor Kenrick ; 
that Archelaus Fuller of Middleton, may take the 
name of Archelaus Putnam Fuller ; that Samuel 
Hazen of Westborough, cooper, may take the name 
of Henry Otis ; that Stephen Glover Spurr of Quincy, 
may take the name of vStephen Elisha Glover ; that 



•292 MARRIAGE AND DIVORCE. Feb. 7, 1824. 

Russell Glover Spurr of Quincy, may take the name 
of Russell Edward Glover ; that Ebenezer Tarbox Jr. 
of Charlestown, may take the name of Ebenezer 
Thorndike ; that Nathaniel Tarbox, son of Ebenezer 
Tarbox Jr. of Charlestown, may take the name of 
Nathaniel Thorndike ; that Ebenezer Tarbox, son of 
Ebenezer Tarbox, Jr. of Cnarlestown, may take the 
name of Ebenezer Thorndike ; that Catherine Tar- 
box, daughter of Ebenezer Tarbox, jr. of Charlestown, 
may take the name of Catharine Thorndike. And 
the several persons herein named shall hereafter be 
called and known by the names ^vhich by this act 
they are respectively allowed to assume aforesaid ; 
and the same shall be considered as their only proper 
and legal names. 

[Approved by the Governor, February 7th, 1824.] 



CHAP. LXXIII. 

An Act in addition to an Act entitled " An Act for 
regulating marriage and divorce." 

Sec. 1. Jt>E // enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That ^vhenever it shall be 
made to appear to the Supreme Judicial Court, upon 
the complaint of either of the parties to a marriage 
contract, that the same is void, by reason of the in- 
capacity of one of the parties to enter into such con- 
tract, arising from idiocy or insanity at the time of 
the marriage, the said court shall have power to de- 
clare the same void, and to decree a divorce for such 
cause* from the bond of matrimony ; and the wife 
shall have restored to her all her lands, tenements 
and hereditaments, and also all or such parts of her 
personal estate, which shall have come to her hus- 
band's hands by force of the marriage, or the value 
thereof, as the said court, from all the circumstances 



HKNiil^G OF DEER. Feh.1, 1824 293 

of the case, shall determine equitable, in like manner 
as is provided in said act, when a divorce is decroed 
for the causes of affinity, consanguinity, or impoten-^ 
cy of either of the parties. 

[Approved by the Governor, February 7rh, 1824.] 



CHAP. LXXIV. 

An Act regulating the Hunting of Deer. 

Sec. 1. JdE it etiacted by the Senate and House of 
JRepreseiitatives. in General Court assembled^ and by 
the authority of the same, That from and after the 
passing of this act, if any person shall hunt or kill 
any deer, except his own tame deer, or deer kept in 
his park or on his Island, between the first day of 
January and the first day of August in any year, he 
shall forfeit the sum of twenty-one dollars for every Penalty. 
deer so killed ; to be recovered in any Court proper 
to try the same ; one moiety thereof to the use of the 
person sueing for the same, and the other moiety to 
the use of the town within which such offence shall 
be committed. 

Sec. 2. Be it further enacted, That if any person, 
from and after the passing of this act, shall hunt, chase 
or kill, with hounds or dogs, any deer within the 
Counties of Barnstable and Plymouth, or either of 
them, for every such offence he shall forfeit and pay 
the sum of twenty-one dollars, to be recovered in 
manner aforesaid, and to the uses aforesaid. 

Sec. 3. Be it further enacted, That all former laws 
inconsistent with the provisions of this act be and they 
hereby are repealed. 

[Approved by the Govemor, February 7th, 1824.] 



40 



294 MASS. BAY CANAL CORP. . . 

CHAP. LXXV. 

An Act continuing in force the act establishing the 
Massachusetts Bay Canal Corporation. 

JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the act passed in the 
year of our Lord one thousand eight hundred and 
eighteen, entitled an act to establish the Massachu- 
setts Bay Canal Corporation, \\ith all and every arti- 
cle, clause, matter and thing therein contained, shall 
continue and be in full force, until the first day of 
January, which will be in the year of our Lord one 
thousand eight hundred and thirty ; any thing in the 
said act to the contrary notwithstanding. 

[Approved by the Governor, February 7th, 1824.] 



CHAP. LXXVI. 

An Act to incorporate the President, Directors, and 
Company of the Mendou Bank. 

Sec. 1. JSe it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
vttv>at the authority of the same. That Seth Hastings, Esek 
Green,Daniel Fiske,Jr. Seth Davenport, John Claflin, 
Jr. Benjamin Davenport, Eli Warren, Daniel Far- 
nam, Warren Rawson, Amariah Taft, Samuel Wood, 
and Caleb Hay ward, with their associates, successors 
and assigns, shall be, and are hereby created a Cor- 
poration, by the name of the President, Directors, 
and Company of the Mendon Bank ; and shall so 
continue until the first day of October, in the year of 
our Lord one thousand eight hundred and thirty-one ; 
and by that name shall be and are hereby made ca- 



iocorporated 



MENDON BANK. 



Feb. 7, 1824. 



295 



ProTiM. 



pable in law to sue and be sued, plead and be im- 
pleaded, defend and be defended in any Court of Re- 
cord, or any other place whatever, and also to make, 
have, and use a common seal, and to ordain, establish 
and put in execution, such by-laws, ordinances, and 
regulations, as to them shall appear necessary and 
convenient for the government of said corporation, 
and the prudent management of its concerns : Pro- 
vided, Such by-laws, ordinances, and regulations, 
shall in no wise be contrary to the Constitution and 
laws of this Commonwealth : and the said Corpora- 
tion shall be always subject to the rules, restrictions, 
limitations, and provisions herein contained. 

Sec. 2. Be it further enacted, That the capital 
stock of said Bank, shall consist of the sum of one 
hundred thousand dollars, in gold and silver, in shares 
of one hundred dollars each, one fourth part of which ^"P''*' *'*«''^ 
shall be paid in ninety days, one fourth part in six 
months, one fourth part in nine months, and the resi- 
due in one year, after the first meeting of said corpo- 
ration, or at such earlier time, as the stockholders, at 
any meeting may direct, and no dividend of profit 
shall be declared or paid on the capital stock of said 
bank, until the whole of said stock shall have been 
paid in conformably to the provisions of this act. — 
And the stockholders at their first meeting, shall by 
a majority of votes, determine the mode of transfer- 
ring and disposing of the stock and profits of said 
bank, which, being entered on the books of said cor- 
poration, shall be binding on the stockholders, their 
successors, and assigns. And the said corporation 
are hereby made capable in law to have, hold, pur- 
chase, receive, possess, enjoy, and retain to them, their 
successors, and assigns, lands, rents, tenements, and 
hereditaments, to the amount of three thousand dol- 
lars, and no more, at any one time, with power to 
bargain, sell, and dispose of the same,and to loan and 
negotiate their monies and effects, by discounting on 
banking principles, on such security as they shall 
think proper: Provided, hotvever, That nothing 
herein contained shall prevent said corporatior from 



Transfer of 
Stock. 



Proviso. 



296 



MENDON BANK. 



Feb. 7, 1824, 



Penalty. 



Proviso. 



Committee of 
examination' 



Call of meeting 



takiriij; and holding real estate in mortgage or on ex- 
ecution, to any amount as security for, or in pa} ment 
of any debt due to said corporation : And provided^ 
further^ That no money shall be loaned, or discounts 
made, nor shall any bills be issued from said bank, 
until the capital subscribed, and actually puid in, and 
existing in gold and silver, in the vaults of the same, 
shall amount to twenty-five thousand dollars. 

Sec. 3. Be it farther enacted. That the rules, limi- 
tations, and provisions, which are provided in and by 
the third section of an act, entitled, "An act to incor- 
porate the Presidents, Directors, and Company, of 
the State Bank,-' shall be binding on the bank hereby 
established, excepting that the bond to be given by 
the Cashier, shall be in the penal sum of twenty thou- 
sand dollars, and the number of Directors to be an- 
nually chosen, shall be nine, five of whom shall con- 
stitute a quorum for the transaction of business : Pro- 
vided, That the amount of the bills of said bank in 
circulation, shall not at any time exceed fifty per cen- 
tum beyond the amount of the capital actually paid in. 

Sec. 4. Be it further enacted. That said bank shall 
be established and kept in the town of Mendon. 

Sec. 5, Be it further enacted. That any Commit- 
tee, specially appointed for that purpose by the 
Legislature, shall have a right to examine into the 
doings of said corporation, and shall have free access 
to all their books and vaults ; and, if upon examina- 
tion it shall be found, and after a full hearing of said 
corporation thereon, be determined by the Legisla- 
ture, that the said corporation have exceeded the 
powers herein granted them, or failed to comply with 
any of the rules, restrictions, or conditions, in this 
act provided, this act of incorporation may thereup- 
on be declared, forfeited, and void. 

Sec. 6. Be it further enacted. That the persons 
herein before named, or any of them, are authorised 
to call a meeting of the members and stockholders 
of said corporation, at a convenient time and place, 
by advertisins; the same, tliree weeks successively, 
in ♦' • Mas - hts^etts Spy, and National ^gis, two 
papers printed at Worcester, for the purpose of n;iav 



MENDON BANK. Feb. 7, 1824. 297 

king, ordaining and establishing such bv-laws, ordinan- 
ces and regulations for the orderly conducting the af- 
fairs of said Corporation, as the Stockholders shall 
deem necessary, and for the choice of the first Board 
of Directors, and such other officers as they shall see 
fit io choose. 

Sec. 7. Be it further enacted^ That the Common- 
wealth shall have a right, whenever the Legislature Higiuor 
shall provide therefor, to subscribe, on account of ^inXX't"^ 
said Commonwealth, a sum noi exceeding twenty- ^^pitai stock. 
five thousand dollars, to be added to the capital stock 
herein before provided for. And whenever the Com- 
monwealth shall become so interested in said Bank, 
the Governor and Council shall have a right to ap- 
point four additional Directors for the management 
of the same. 

Sec. 8. Be it further enacted, That the said Cor-^°w°" 
poration shall be liable to pay to any bona fide hold- 
er, the original amount of any note of said Bank al- 
tered to a larger amount in the course of its circula- 
tion, notwithstanding such alteration. 

Sec. 9. Be it further enacted, That the said Cor- Tax. 
poration shall pay, by wa}^ of tax, to the Treasurer 
of this Commonwealth, for the use of the same with- 
in ten days after the first Monday of October and 
April, annually, the half of one per centum on the a- 
mount of stock,which shall have been actually paid in. 

Sec. 10. Be it further enacted, That one-tenth part 
of the wliole capital of said Bank shall always be ap- ^T' "°"'^'''*'" 
propriated to loans, to be made exclusively to citizens 
of this Commonwealth, wherein the Directors shall 
particularly regard the agricultural and manufactur- 
ing interest in the same ; which loans shall be made 
in sums, not exceeding five hundred dollars, nor less 
than one hundred dollars, to be secured by the person- 
al bond of the 'borrower, and a satisfactory mortgage 
of real estate, as collateral security, for a term not 
less than one year ; the interest on all such loans to 
be paid annually, and the estate so mortgaged, sub- 
ject to the same forfeitures, and entitled to the same 
rights of redemption as is by law provided in other 
cases. 



298 BLACK. CANAL COMPANY. Feb. 7, 1824. 

^"'sme,*'' Sec. 11. 5e z7 /Mr^Acr e?mc^e<i, That whenever the 
^""^ '^q»ired- Legislature shall require it, the said Corporation shall 
loan to the Commonwealth any sum of money which 
shall be required, not exceeding twenty per centum 
of the amount of the capital stock actually paid in, 
reimbursable by five annual instalments, or at any 
shorter period, at the election of the Commonwealth, 
with the annual payment of interest, at a rate not ex-^" 
ceeding five per centum per annum. 

Sec. 12. Be it further enacted^ That the capital 
'^Ttoc^k."'^ stock of the said Bank shall not be sold or transfer- 
red, but be holden by the original subscribers there- 
to, for and during the term of one year from the pas- 
sing of this act ; and in case the same shall not be put 
into operation, according to the provisions thereof,, 
within the year aforesaid, it shall be void. 

[Approved by the Governor, February 7th, 1824.} 



CHAPTER LXXVII. 

An Act in addition to " An act to incorporate the 
Blackstone Canal Company." 

Sec. 1. IjE zY enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the Blackstone Canal 
Company be and it is hereby authorized and empow- 
ered to open books in the manner pointed out in the 
Act to which this an addition, to receive subscriptions 
for Stock to construct and complete a Canal from the 
village in Worcester to tide-water in the town of Prov- 
powertocretteidence, in the State of Rhode-Island, and to create, if 
necessary, new stock for that purpose in the manner 
in said act mentioned ; and the subscribers or owners 
of such shares or stock, shall be members of said Cor- 
poration,in the same manner as if the subscriptions had 
been made for Stock in a Canal from said village to 
the boundary line of this State, as in said act is provi- 



COURTS OF COMMON PLEAS. Feb. 10, 1824. 299 

ded ; and all monies so raised by subscription or by 
the sale of new stock may be applied to constructing 
a navigable Canal from said village in Worcester to 
tide-water in said Providence, and also to constructing 
any of the works in said act mentioned whenever the 
same may be found necessary on said route. And 
the said corporation may be organized and transact ^uMdeof'**" 
its concerns by subscribers or owners of such stock, 
and hold its meetings in such places as may be deem- 
ed expedient, whether in this State or not : Provided 
hoivever, that nothing contained in this act shall have 
the effect of diminishing the power or privileges grant- 
ed by the act to which this is an addition. 

Sec. 2. Be it further enacted, That the Corpora- 
tion of said Blackstone Canal Company may be or- 
ganized in the manner pointed out in the tenth sec- organization. 
tion of the act to which this is an addition, whenever 
one hundred shares in the Capital Stock of said Cor- 
poration shall be subscribed for ; any thing in the said 
act to which this is in addition to the contrary not- 
withstanding. 

[Approved by the Governor, February 7th, 1824.] 



CHAP. LXXVIII. 

An Act altering the times of holding the Courts of 
Common Pleas, in the Counties of Nantucket and 
Dukes County. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the pas- 
sing of this act, the Court of Common Pleas, uowTimeofhoMing 
holden at Nantucket, within and for the County of 
Nantucket, on the second Monday of May, and on tlie 
first Monday in November, shall be hoiden hereafter 
on the fourth Monday of May, and the fourth Mon- 



300 EASTON GRAM. SCHOOL. Feb. 7, 1824. 

day of October, annually ; and that the Court of ( -cm- 
mon Pleas, now holden at Edgarton, within ano for 
the County of Dukes County, on the third Monday 
of Ma}', and the second Monday of November, shall 
be holden hereafter on the Monday next after the 
fourth Monday of May, and the Monday next after 
the fourth Monday of October, annually. 

Sec. 2. Be it further enacted^ That all writs, ap- 
peals, recognizances and processes, and every oiher 
matter or thing returnable to, or now pending in said 
Courts of Common Pleas, shall be returned to and 
have day in said Courts, at the times for holding the 
same established by this act; and all parties and per- 
sons before passing this act required to appear and at- 
tend, at the terms aforesaid, and shall appear and at- 
tend, and have like day in Court, at the terras establish- 
ed by this act, pursuant to its true intent and meaning. 

[Approved by the Governor, February 10th, 1824.] 



CHAP. LXXIX. 

An Act to incorporate the Easton Grammar 
School and Chapel. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by 
the authority of the same, That there be and hereby 
is established in the To^^ n of Easton, in the County of 
Bristol, a Grammar School by the name of the Easton 
Grammar School and Ciiapel, for the purpose of pro- 
moting religion and morality, and for the education 
of \outh in such of the Liberal Arts and Sciences, 
'J!^IT\a as the Trustees for the time beinsT shall direct, and 
that Rev. Luther Sheldon, Howard Lothrop and Dea- 
con Abijah Reed, are nominated and ajjpointed Trus- 
tees; and they arc hereby incorporated into a body 
politic by the name of the Easton School and Chapel, 



EASTON GRAMMAR SCHOOL. Feb, 7, 1824. 'SOl 

and they and tlieir successors, shall be a body poli- 
tic by that name forever. 

Sec. 2. Be it further enacted. That the said Trus- xmsteej, power 
tees of said Institution may have a common Seal, 
which they may change at pleasure, that the Trus- 
tees may sue and be sued in all actions real or personal 
and mixed, and prosecute and defend the same to final 
judgment and execution, by the name of the Trus- 
tees of the Easton Grammar School and Chapel, and 
may appoint an agent or agents to prosecute and de- 
fend such suits. 

Sec. 3. Be it further enacted,. That all lands, mon- 

, -^ \ i p • I • I 1 Possession of 

les or other property heietoiore given or subscribed, pioprrtyeon- 

/. /» • iTl- r^ firmed. 

for the purpose oi erecting or establishing a Gram- 
mar School and Chapel, or v. hich shall hereafter be 
given, granted, or assigned to the said Trustees, shall 
be confirmed to the said Trustees and their succes- 
sors in that trust forever, for the uses which in such 
instruments are or shall be expressed, provided such 
uses shall not be repugnant to the design of this act 
And the said Trustees shall be further capable of hav- 
ing, taking and holding in fee simple, by gift, grant, 
devise or otherwise, any lands, tenements, or other 
estate, real or personal: Provided,, the annual income Proviw- 
of the whole shall not exced the sum of three thou- 
sand dollars, and shall apply the interest, rents, and 
profits, so as most effectually to promote the design 
of the Institution. 

Sec. 4. Be it further enacted. That the said Trus- 
tees for the time being, shall be the ^ is tors and gov- 
ernors of said institution, shali have full povver, from 
time to time, to elect such officers thereof as they 
shall judge necessary, and fix the tenure of their r^-^ov^er^^niAms 
spective offices, to remove from office any Trustee, "fTruwees 
when he shall become incapable, from age or other- 
wise, of discharging the duties of his office, the Trus- 
tees then surviving shall elect one or more persons to 
fill the vacancy or vacancies, and to make and ordain 
reasonable orders, rules, and by-laAvs, not repugnant ' 
to the Laws of this Commonwealth, for the good gov- 

41 



302 WESLEYAN ACADEMY. Feb. 7, 1824. 



crnment of said Institution, as to them may seem fit 
and requisite. 

Sec. 5. Be it further enacted, That the number of 
Trustees aforesaid shall not at any one time, be more 
than five, nor less than three, a majority of whom shall 
be necessary to constitute a quorum for transacting 
business. 

Sec. 6. Be it further enacted. That Cyrus Lothrop, 
Esq. be, and he is hereby authorized and empowered 
to appoint the time and place for holding the first 
meeting of said Trustees,and notify them accordingly. 

[Approved by the Governor, February 7th, 1824.] 



CHAP. LXXX. 

An Act to incorporate an Academy in the Town of 
Wilbraham, by the name of the WeSleyan Acad- 
emy. 

Sec. 1. JJe it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That there be, and hereby 
is established, in the Town of Wilbraham, in the 
County of Hampden, an Academy for the purpose of 
promoting religion and morality, and for the educa- 
tion of youth, in such of the Liberal Arts, and Scien- 
ces, as the Trustees for the time being shall direct : 
and that Amos Binney, Abel Bliss, Abraham Avery. 

Pe„on.iocorpo. ^^j^.^^ Brewcr, Enoch Mudge, Jr. Wilber Fisk, Josh- 
ua Crowell, William Rice, John Lindsey, be nomina- 
ted and appointed Trustees, and they are hereby in- 
corporated into a body politic, by the name of the 
Trustees of the Wesleyan Academy ; and they and 
their successors shall be and continue a body politic, 
by that name forever. 

Sec. 2. Be it further enacted, That all lands, mon- 

%wS.'''^"' ies, or other property, heretofore given, or subscribed, 
for the purpose of erecting or establishing an Acade- 



WESLEYAN ACADEMY. Feb. 7, 1824. 303 

my as aforesaid, or which shall hereafter be giverij 
granted, or assigned to the said Trustees, shall be con- 
firmed to the said Trustees, and their successors in 
that trust, forever, for the uses, which in such instru- 
ment shall be expressed; and the said Trustees shall 
be capable of having, holding, and taking in fee sim- 
ple, by gift, grant, devise or otherwise, any lands, ten- 
ements, or other estate, real or personal: Frovided,^''"'^>° 
the annual income of the same shall not exceed the 
sum of ten thousand dollars ; and shall apply the 
profits thereof, so as most effectually to promote the 
designs of the Institution* 

Sec. 3. Be it further enacted^ That the said Trus- 
tees for the time being, shall be the Governors of said 
Institution ; shall have full power from time to time, 
to elect such oflicers thereof, as they shall judge ne- 
cessary and convenient, and fix the tenure of their 
respective offices ; to remove from ofiice any Trustee Power and dm? 
when he shall become incapable from age or other- °'^^'""^"' 
wise, of discharging the duties of his office : or when, 
in the judgment of a majority of the Trustees, he is 
an improper person to hold such office ; to fill all va- 
cancies that may happen in the Board of Trustees, to 
determine the times and places for holding their meet- 
ings, the manner of notifying the Trustees,the method 
of electing members of the board ; to elect instructors 
and prescribe their duties ; to make such by-laws as 
they may think proper, with reasonable penalties, for 
the government of the Institution, provided the same 
be not repugnant to the laws of this Commonweaith. 

Sec. 4. Be it further enacted, That the Trustees 
of said Academy may have a Common Seal, which ^<"""''=" s^^- 
they may change at pleasure ; and all deeds, sealed 
with said seal, and delivered and acknowledged by the 
Secretary of said Trustees by their order, shall be 
good and valid in law ; and said Trustees may sue 
and be sued in all actions, and prosecute and defend 
the same to final judgment and execution, by the 
name of the Trustees of the Wesleyan Academy. 

Sec. 5. Be itfurthr enacted, 1 1 lit tie iimber of 
said Trustees slhall never exceed fifteen, nor be less^^^'"^'^™* 



304 WATERTOWN TURN. COR. Feb, 7, 1824 

than nine, five of whom shall be necessary to consti- 
tute a quorum for doing business, but a less number 
may from time to time adjourn until a quorum can be 
constituted 

Sec. 6. Be it further enacted^ That Amos Binney 
and John Lindsey be, and they are hereby authorised 
and empowered to fix the time and place for holding 
the first meeting of the Trustees, and to notify them 
thereof. 

[Approved by the Governor, February 7th. 1824.] 



CHAP. LXXXI. 

An Act establishing the Watertown Turnpike Cor^ 

poration.. 

KE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same,. That William Gray, Mar- 
pewoMineorpo shall B. SpHug, David Moody, Thomas Bartlett, and 
Amos Lawrence, together with their associates, suc- 
cessors and assigns, be, and they are hereby incorpo- 
rated, by the nam6 of the Watertown Turnpike Cor- 
poration, for the ])urpose of making a turnpike road, 
from the termination of the road made by the Boston 
and Roxbury Mill Corporation, in Brighton, to a point 
on the southern bank of Charles river, nearly oppo- 
site to the lower wharf of the United States' Arsenal, 
thence, with the consent of the proper authorities of 
the government of the United States, and not other- 
wise, across Charles river, by a bridge, to the land 
adjoining said Arsenal above the said wharf, and 
through the same land in the course and manner pre- 
scribed by the said authorities; and thence in the 
straightest convenient course to the square in Wa- 
tertown, n ith all the powers and privileges, and sub- 
ject to all the duties, requisitions and penalties, estab^ 



WATERTOWN TURN. COR. Feb. 7, 1824. 305 

iished by the act entitled " An act defining the gener- 
al powers and duties of Turnpike Corporations," and 
the several acts in addition thereto. And the same 
Corporation shall have power to occupy so much of 
the marshes over which said road shall pass, as shall 
be requisite for the purpose of making canals where 
the same are necessary : Provided, That neither of *'"''''''' 
the towns of Watertown or Brighton, shall ever be 
compelled to support any part of said road or bridge 
without their own consent. 

Sec. 2. Be it further enacted, That the Corpora- 
tion hereby established, may erect any toll gate uponxoiis. 
the said road, at such place as they may find most 
convenient for collecting the tolls, and shall be entit- 
led to demand and receive from each traveller or pas- 
senger the same tolls which the Ninth Massachusetts 
Turnpike Corporation is now authorised to receive 
at its gate in Bellingham, by an act passed on the 
eighth day of February last, and no greater : Provirf- p^"^""* 
ed however, That the Legislature may at any time 
reduce the said rates of toll, so that the net proceeds 
thereof, may not exceed six per cent, per annum, 
calculating upon the average dividends of the three 
preceding years. 

Sec. 3. Be it further enacted, That the joint Com- 
mittee of the Senate, and House of Representatives, 
on the subject of Bridges, Turnpikes and Canals, or 
a majority of them, be, and they hereby are au- 
thorised to perform all the duties of a committee, for 
laving out the road herein above described, and their Return of com 

■ -1 1 ^^ /> r^ • • 1 /-^ mitteetobe 

return, made to the Court of Sessions, m the County ^^ud. 
of Middlesex, shall be as valid and effectual in law, 
as that of any committee which might be appointed 
by said Court for the same purpose. 

f Approved by the Governor, February 7th, 1824.] 



306 UNIVER. SOC. IN BERNARDS. Feb. 7, 1824. 

CHAP. LXXXII. 

An Act to iucorporate the First Universalist Socie- 
ty in Bernard St on. 

Sec. 1. 15E it enacted by the Senate and House of 
Rppresentatives in General Court assembled, and by 
the authority of the same. That Joseph Bascom, Ste- 
phen Webster, Joseph Davis, David Ryther, George 
inJrporated. Alexander, Samuel Picket, Jonathan C/onnable, David 
Newell, Dorus Bascom, Elizur Chamberlain, Horace 
Atherton, Solomon Allen, Izatus Sheldon, James 
Doly, Rufus Horsley, Anson Hitchcock, Charles J. 
Ryther, John T. Goodrich, Joel Lyons, Smith Hod- 
ges, Roswell Pur]3le, Lyman Darhng, John Lyon,, 
Louis C. Scott, Linus Stephen Prouty, Nathaniel 
T^^ler, Simeon Allen, Oliver Cook Jr., Isaac Burrows, 
Ezra Shattuck, Gideon Ryther, Oliver Wilkinson, 
Wass Hillman, Amos Davis, Israel Phillips, Israel 
PhiUips Jr., Samuel Picket Jr., Pierce Chase, Fran- 
cis Munn, Phillip Newell, Pliny Warner, Solomon 
Chapin, Henry Bascom, Jonathan Atherton, Quartus 
Nash, Ezra Connable, Chester Bascom, Amos Car- 
rier, Benjamin Smith, Joseph Picket, Rufus Scott,. 
Joab Scott, Stephen N. Scott, Alexander Ryther, 
John Clark, Joseph Atherton Jr., Josephus Slate, 
Calvin Cushman, and Aaron Spaulding, being inhabi- 
tants of several towns in the County of Franklin, 
with their families and estates, togetlier with such 
others, living within the said County, as may hereaf- 
ter associate with them and their successors, be, and 
they hereby are incorporated into a society, by the 
name of The First Universalist Society in Bernard- 
ston, with all the privileges, powers, and immunities,^ 
which other religious societies in this Commonwealth 
are by law, entitled to ; and may purchase, receive 
by gift, or otherwise, real estate, the value of which 
shall not exceed the sum of four thousand dollars. 
Sec. 2. Be it further enacted. That it shall and 
deX'f wie.wiay be lawful for all deeds hereafter to be given, on 



CONG. SOC. IN FALMOUTH. Feb. 7, 1824. 307 

the sale of any interest in the meeting-house erected 
for the use of the said society, to be recorded by the 
clerk of said society, in a book to be especially pro- 
vided for that purpose ; and all deeds legally execu- 
ted and recorded as aforesaid shall be deemed suffi- 
cient in law, any law or usage to the contrary not- 
withstanding. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace for the County of Franklin, upon applica- 
tion therefor, be, and hereby is authorized and em- 
pov, ered to issue his warrant to some member of said 
society, requiring him to notify the first meeting of 
said society, at such convenient time and place, as ch^ce"!f officeri. 
may be appointed in said warrant, for the election of 
officers, and to transact such other parochial business 
as may be authorized in said warrant. 

[Approved by the Governor, February 7th, 1824.] 



CHAP. LXXXIII. 

An Act to enable the first Congregational Society in 
the Town of Falmouth to dispose of certain real 
estate. 

Sec. 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That the first Congrega- 
tional Society in Falmouth be, and they are hereby 
authorized and empowered to sell and convey in feeMayMii, 
simple, all the real estate of said society, coiisisting 
of the ministerial or parsonage lands thereof: and 
for this purpose, at any legal meeting of \\\e snid so- 
ciety, to choose a committee consisting of not less 
than five, nor more than twelve members of the so- 
ciety, whose duty it shall be to sell and dispose of 
the lands aforesaid, either at public or private sale^ 



308 



SALEM LEAD MANU. COMPANY. Feb. 7, 1824- 



Disposition of 
funds. 



Comrtittee.'* 



for cash or on credit as they may deem best, and to- 
make, execute, and acknowledge a good deed or 
deeds thereof in behalf of said Society, which deed 
or deeds shall be good and effectual in law, to pass 
and convey the fee simple from said Society, to the 
purchaser, to all intents and purposes whatever. 

Sec. 2. Be it further enacted, That the proceeds 
arismg from the sale of said lands, shall be placed by 
the committee before named, in some public fund or 
bank Stock, or put out at interest, at the discretion 
of said committee, the income arising from which 
fund shall be appropriated towards the support of the 
gospel ministry in said Society. 

Sec. 3. Be it further enacted, That the said Socie- 
ty may, and shall, at a legal meeting thereof, held 
within one year after the said monies and proceeds 
shall so have been invested, and thereafterwards, an- 
nually, choose a committee of the members of said 
Society, whose duty it shall be to manage said fund 
for the purposes aforesaid, and who shall hold their 
offices for one year, and until others are elected ut 
their stead. 



[Approved by the Governor, February 7th, 1824.] 



CHAP. LXXXIV. 



An Act to incorporate tlie Salem Lead Manufactur- 
ing Company. 

Sec. 1. Ue it enacted by the Senate and House of 
Bepresentatives, in General Court assembled, and by 
the authority of the same, That Joseph Peabody, John 
Persons incorpo- Derby, Jarathmicl Pierce, Pickering Dodge, Stephen 
Phillips, and their associates, successors and as- 
signs, shall be,and they are hereby constituted, a bo- 
dy politic and corporate, by the name of the Salem 
Lcj^d "•Ty'-'ifacturiuff comnany, and by that name may 
sue and lie sued, plead and be impleaded, defend and 



SALEM LEAD MANU. COMPANY. Feb. 7, 1824. 309 

be defended in any Court of Record, or in any place 
whatsoever, and shall and may do and suffer all mat- 
ters, acts and things, which bodies politic ought to do 
and suffer ; and shall have power to make, have and 
use a common seal ; and the same again at pleasure 
to break, alter and renew. And the said Company 
shall have all the powers and privileges, and be sub- 
ject to all the duties, contained in an act entitled ^*^''^"''^"*'*'* 
" An Act, dejfining the general powers and duties of 
Manufacturing Corporations," passed on the third day 
of March, in the year of our Lord one thousand eight 
hundred and nine, and any other acts additional 
thereto, which shall have been passed from time to 
time. 

Sec. 2. Be it further enacted, That the said Cor- 
poration be, and the same is hereby empowered, to 
establish, manage and carry on the manufacture of 
lead and copper, in their various branches, and such 
other lawful manufactures, as can be conveniently 
managed and carried on by the said Company ; and to 
purchase, take, hold and convey real and personal *^y*"''*^''^*«* 
estate of every kind, to such an amount, as they may 
find necessary or convenient in the management of 
their concerns : Provided, the same shall not exceed proviso 
the sum of fifty thousand dollars in real estate, nor 
one hundred and fifty thousand dollars in personal 
estate ; and the same to manage, improve, change 
and sell at their pleasure, and to erect on their real 
estate, to be purchased and held by them as afore- 
said, all such buildings, machines, works and im- 
provements, as they may deem necessary or useful 
in carrying on and managing their manufactures and 
works, and in conducting the business of the Corpo- 
ration. And the whole of the Corporate property 
shall be divided into shares, as the said Corporation 
shall direct. 

Sec. 3. Be it further enacted, That the said Corpo- power to r^ise 
ration be, and are hereby authorized to raise such 
sums of money, as may, from time to time, be neces- 
sary for effecting the objects of the said Corporation, 
by equal assessments on the several shades therein ; 
42 



money. 



310 



SALEM LEAD MANU. COMPANY. Feb. 7, 1824. 



ConditioBs of 
tale. 



and the time when such assessments become due 
and payable, shall be made known to each proprietor, 
by the Clerk of the said Corporation, by written no- 
tice, left at his last and usual place of abode, or by 
letter addressed to him, by mail, or by public notice 
as the Corporation may direct. And the Treasurer 

Sale of Shares, of Said Corporation, is hereby authorized to sell at 
public Auction, the share or shares of any proprietor, 
who shall neglect to pay the assessments, laid there- 
on, within ten days after the same shall become due 
and payable, as aforesaid ; or so many of such shares, 
as shall be necessary for that purpose, giving notice 
of the time and place of such sale, in one of the 
newspapers printed in Salem, or in one, in which 
the laws of this Commonwealth are ordered to be 
printed for the time being, thirty days, at least, be- 
fore the time of such sale ; and a deed of such share 
or shares duly executed and acknowledged by the 
Treasurer and recorded, shall be a valid conveyance 
of such delinquent proprietor's share or shares, to 
the purchaser thereof; and the surplus money, aris- 
ing from such sale, if any remain (after paying the 
assessments due and interest thereon, from the time 
when the same became due, as also all the charges 
and expenses of such sale,) shall be paid to such de- 
linquent proprietor, or his assigns ; or the said Cor- 
poration may recover the amount of such assessments 
and interest with costs in an action of debt, in any 
court having jurisdiction thereof, as they shall elect 
and determine. 

Sec. 4. Be it further enacted, That the proprietors 
aforesaid, shall meet at such times, as shall be pro- 

•Eiectionof vldcd for, in their by-laws, for the purpose of electing 
such officers, as they shall find necessary, and for 
transacting any other business, relating to the objects 
of their incorporation ; and every proprietor present, 
or represented, at any such meeting, shall be entitled 
to as many votes as he has shares. And in voting 
for assessments on the shares of the said Corpora- 
tion, three fourths of the votes cast, shall be requir- 
ed, to make such assessments binding on the mem- 
bers thereof. 



Offlceri. 



WASH. MARINE INSUR. COM. Feb. 7, 1824. 311 

Sec. 5. Be it farther enacted, That the said Jo- 
seph Peabody, or either of the aforementioned per- 
sons, is hereby authorized to call the first meeting ofcaiiof»fee«iDc. 
the said Corporation by written notice, to be left at 
the last and usual place of abode of each proprietor, 
or by letter addressed by mail, or hy public notice, 
at least seven days previous to the said meeting ; at 
which first meeting, the proprietors present shall 
choose a clerk, who shall be sworn to the faithful dis- 
charge of his duties. 

[Approved by the Governor, February 7th, 1824.] 



CHAPTER LXXXV. 

An Act to Incorporate the Washington Fire and Ma- 
rine Insurance Company. 

Sec. I-BE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Oliver Keating, Tobi- 
as Lord, Benjamin Guild, John Skinner, and Ralph 
Haskins, with their associates, successors and assigns, 
be, and they are hereby incorporated into a Company 
and body politic, by the name of the Washington Fire 
and Marine Insurance Company, with all the powers 
and privileges granted to Insurance Companies, and 
subject to all the restrictions, duties, and obligations, 
contained in a Law of this Commonwealth, entitled 
" An Act to define the powers, duties and restrictions 
of Insurance Companies," passed on the sixteenth day 
of February, in the year of our Lord one thousand 
eight hundred and eighteen, and in a law of this Com- 
monwealth, entitled "An Act authorising the several 
Insurance Companies of this Commonwealth to insure 
against fire," passed on the twenty-first day of Febru- 
ary, in the year of our Lord one thousand eight hun- 
dred and twenty, for and during the term of twenty 
years after the passing of this act j and by that name 



Penane 
inaorporateoi' 



312 WASH. MARINE INSUR. COM. Feb. 7, 1824. 

may sue and be sued, plead and be impleaded, ap- 
pear, prosecute, and defend to final judgment and 
execution ; and may have a common seal which they 
may alter at pleasure ; and may purchase, hold and 
convey any estate, real or personal for the use of said 
Proviso. Company : Provided, the said real estate shall not ex- 
ceed the value of fifty thousand dollars, excepting 
such as may be taken for debt, or held for collateral 
security for money due to said Company. 
Capital Stock. Sec. 2. Be it further enacted, That the Capital Stock 
of said Company shall be two hundred thousand dollars, 
and shall be divided into shares of one hundred dollars 
each, one hundred thousand dollars of which shall be 
paid in money, withm sixty days after the first meet- 
ing of the said Company, and the residue within one 
year from the passing of this act, in such instalments, 
and under such penalties, as the President and Direc- 
T tors shall in their discretion direct and appoint. 
And the said capital stock shall not be sold or trans- 
ferred, but shall be holden by the original subscribers 
thereto, for and during the term of one year after the 
said Company shall go into operation ; and if the pro- 
visions of this act shall not be complied with,within one 
year from the first meeting,then the same shall be void. 
Sec. 3. Be it further enacted, That the stock, prop- 
perty, affairs and concerns of the said Company shall 
^t^TofXtS be managed and conducted by nine Directors one of 
whom shall be President thereof, who shall hold their 
offices for one year and until others are chosen and 
no longer, and who shall at the time of their election, 
be stockholders in said Company and citizens of this 
Commonwealth, and shall be elected on the first Mon- 
day of May in each and every year, at such time of 
the day, and in such place in Boston, as a majority of 
the Directors for the time being shall appoint, of 
which election public notice shall be given in two of 
the Newspapers printed in Boston, and continued for 
the space of ten days immediately preceding such 
election ; and the election shall be made by ballot, by 
a majority of the stockholders present, allowing one 
provuo. vote to each share in the Capital Stock : Provided, 



WASH. MARINE INSUR. COM. Feb. 7, 1824. 313 

that no Stockholder shall be allowed more than thirty 
votes ; and absent Stockholders may vote by proxy 
under such regulations as the said Company shall 
prescribe. And if through any unavoidable accident, 
the said Directors shall not be chosen on the first 
Monday in May as aforesaid, it shall be lawful to 
choose them on any other day, in the manner herein 
provided. And it shall be the duty of the Secretary 
of said Company, at any time upon application in wri- 
ting of the proprietors of twenty per centum of the 
capital stock, to call a meeting of the Stockholders, 
to be holden at such time and place in said Boston, 
as they shall direct, for the purposes mentioned in 
such application, by giving like notice thereof as is 
herein required for the election of Directors. 

Sec. 4. Be it further eiiacted^ That the Directors, 
when chosen, shall meet as soon as may be after ev- 
ery election, and shall choose out of their body one 
person to be President, who shall be sworn or affirm- ^^^°;f^°*^^'^"" 
ed, to the faithful discharge of the duties of his office, 
and who shall preside for one year. And in case of 
the death,resignation, or inability to serve of the Presi- 
dent, or any Director, such vacancy or vacancies shall 
be filled for the remainder of the year, in which they 
happen, by a special election for that purpose to be 
held in the same manner as herein before directed, re- 
specting annual elections of Directors. 

Sec. 5. Be it further enacted^Th&i the President and 
four of theDirectors,or five of them in his absence,shall 
be a Board competent to the transaction of business ; 
and all questions before them shall be decided by a 
majority of votes ; and they shall have power to make Power tomawe 
and prescribe such by-laws, rules and regulations as 
to them shall appear needful and proper, touching the 
management and disposition of the stock, property, 
estate and effects of said Company, and the transfer 
of the shares, and touching the duties and conduct of 
the several Officers, Clerks and Servants employed, 
and the election of Directors and all such matters as 
appertahi to the business of insurance ; and shall also 
have power to appoint a Secretary, and as many Clerks 



314 WASH. MARINE INSUR. COM. Feb. 7, 1824. 

and Servants for carrying on the said business, and 
with such salaries and allowances to them and to the 
President as to the said Board shall seem meet : Pro- 

provifc. vided, such by-laws and regulations shall not be repug- 
nant to the Constitution and Laws of this Common 
wealth. 

Sec. 6. Be it further enacted, That ?ny two or more 
of the persons named in this act, are hereby authori- 

cau of Meeting, zcd to Call a meeting of said Company, by advertising 
the same for two successive weeks in the Columbian 
Centinel, Boston Patriot and Daily Advertiser, printed 
in Boston, for the purpose of electing their first Board 
of Directors, who shall continue in office till the first 
Monday in May in the } ear of our Lord then next 
ensuing, and until others shall be chosen in their stead. 

roviso. Provided howei>er, that this charter shall be void and 

of no effect, unless put into operation agreeably to 
the terms of it, within one year from and after the 
passing of this act. *dnd provided also, that the said 
Company shall not take any risk, or subscribe any 
policy, by virtue of this act, until one hundred thou- 
sand dollars of the Capital Stock of said Company 
shall have actually been paid in. 

Sec. 7. Be it further enacted, That said Company 

aiiiMi to betaken shall ncvcr take on any one risk against fire, or other 
risk or loan, on respondentia, or bottomry, on any 
one bottom, at any one time, including the sum insur- 
ed, in any other way on the same bottom, a sum ex- 
ceeding ten per centum on the Capital Stock of said 
Company actually paid agreeably to the provisions 
of this act. 

Sec. 8. Be it further enacted, That the said Insur- 
ance Company shall be located and kept in the City 
of Boston. 

Sec. 9. Be it further enacted, That the said Wash- 
ington Fire and Marine Insurance Companj^ shall be 

Liable totaxaUoD. liable to be taxcd by any general law, providing for 
the taxation of all similar Corporations, which are by 
law liable to be taxed. 

[Approved by the Governor, February 7th, 1824.] 



GLOBE FIRE & MA. INSUR. COM. Feb. 9, 1824. 31fi 

CHAP. LXXXVI. 

An Act to incorporate the Globe Fire and Marine 
Insurance Company. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Enoch Silsby, Lewis Penon. incoipo- 
Tappan, and Robert Waterston, with their associates, '*'"^" 
successors, and assigns, be, and they are hereby in- 
corporated into a body politic, by the name of the 
Globe Fire and Marine Insurance Company, for and 
during the term of twenty years, from and after the 
passing of this act, with all the privileges granted to 
Insurance Companies, and subject to all the restric- 
tions, duties, and obligations contained in a law of 
this Commonwealth, entitled, " an act to define the 
powers, duties, and restrictions of Insurance Compa- 
nies," passed on the sixteenth day of February, in 
the year of our Lord one thousand eight hundred and 
eighteen, and in a law of this Commonwealth, entitled 
" an act authorizing the several Insurance Companies . 
in this Commonwealth, to insure against fire," passed 
on the twenty-first day of February, in the year of our 
Lord one thousand eight hundred and twenty ;" and 
by that name, may sue and be sued, plead and be im- 
pleaded, appear, prosecute, and defend to final judg- 
ment and execution ; and have a common seal, which 
they may alter at pleasure ; and may purchase, hold, 
and convey any estate, real or personal, for the use 
of said company : Provided, They shall not hold real Proviw. 
estate exceeding the value of seventy thousand dol- 
lars, excepting such as may be taken for debt, or 
held as collateral security for monies due to said 
company. 

Sec. 2. Be it further enacted, That the capital 
stock of said company, exclusive of premium notes 
and profits, arising from business, shall be three hun- ^'*'*''*' ^*°*' 
dred thousand dollars, and shall be divided into 
shares of one hundred dollars each, fifty per centum 



316 GLOBE FIRE & MA. INSUR. COM. Feb. 9, 1824. 

of which shall be paid in money, within ninety days 
after the first meeting of said company, and the resi- 
due in money to be paid, twenty-five per centum 
thereof in six months, and twenty-five per centum in 
one year from and after said first meeting, under such 
penalties as three fourths of the Directors may de- 
termine ; and the said capital stock shall not be sold 
or transferred, but shall be holden by the original 
subscriber thereto, for and during the term of one 
year after said company shall go into operation as 
aforesaid. 

Sec. 3. Be it further enacted, That the property, 
affairs, and concerns of said company, shall be man- 
officers, time and ^gcd aud conductcd by nine Directors, one of whom 
termofeiecuoD.gjj^H ^^ President thereof, who shall hold their offi- 
ces for one year, and until others are chosen, and 
who shall be stockholders in said company, and citi- 
zens of this Commonwealth, at the time of their elec- 
tion, which shall be on the second Monday of March 
in every year, at such time of the day, and place in 
Boston, as a majority of the Directors, for the time 
being, shall appoint : notice of which election shall 
be given in two newspapers printed in Boston, at 
least ten days previous to the election, which shall 
be made by written ballots ; and by a majority of the 
votes of the stockholders present, allowing one vote 
ProTiso. to each share in the capital stock : Provided, That 
no stockholder shall be allowed more than thirty 
votes ; and absent stockholders may vote by proxy. 
And if from any cause, the Directors shall not be 
chosen on the second Monday in March aforesaid, it 
shall be lawful to choose them on any other day in 
manner herein provided. And it shall be the duty 
of the Secretary of said company, upon application 
in writing, made by the proprietors of twenty per 
centum of the capital stock, to call a meeting of the 
stockholders, by giving like notice thereof, as is here- 
in prescribed for the election of Directors. 

Sec. 4. Be it further enacted, That the Directors, 

totf"'^'""" when chosen, shall meet as soon as maybe, after 

every electioB, and shall choose out of their body 



GLOBE FIRE & MA. INSUR. COM. Feb. 9, 1824. 317 

one person to be President, who shall be faithfully 
sworn to discharge the duties of his office, and who 
shall preside for one year ; and in case of death, re- 
signation, or inability to serve of the president, or 
any of the directors, such vacancy or vacancies may 
be filled, for the remainder of the year, by the sur- 
viving and continuing directors. 

Sec. 5. Be it further enacted., That the President 
and two of the Directors, or three Directors in the 
absence of the President, shall be a board, compe- . 

1 • r«ii- #»i Power of 

tent to the transaction ot the busniess or the com- directors. 
pany ; and all questions before them shall be decid- 
ed by a majority of the Board ; and they shall have 
power to make such rules and by-laws as they may 
deem proper, for the management of the affairs, and 
security of the property of said company ; and have 
power to appoint a Secretary, and such other officers 
as they may think expedient, and make such com- 
pensation as they may deem adequate to the services 
performed : Provided., That such rules and byrlaws, ^^viso- 
be not repugnant to the Constitution and laws of this 
Commonwealth. 

Sec. 6o Be it further enacted, That any two of the 
persons named in this act, are hereby authorized to 
call a first meeting of this company, for the purpose caii of meetiog, 
of organizing and putting the same into operation, by 
giving notice in two newspapers printed m Boston, 
three days previous to the time of holding such first 
meeting: Provided., /iM(;e«;er, That this charter shall p^^^.^^ 
be void, and of no effect, unless put into operation 
agreeably to the terms of it, within one year from 
and after the passing of this act : Provided., also, That 
the said company shall not take any risk, or subscribe 
any policy, by virtue of this act, until one moiety 
of the capital stock of said company shall have act- 
ually been paid in. 

Sec. 7. Be it further enacted. That the said In- 
surance Company shall be located, and kept in the 
City of Boston. 

Sec. 8. Be it further enacted. That the said Com- 
pany shall never take, on any one risk, or loan, ontg^if"*"^ 
43 



318 BOSTON COPPER MANUF. COM. Feb. 9, 1824- 

respondentia, or bottomry, on an}^ one bottom, at any 
one time, including the sum insured in any other way, 
on the same bottom, a sum exceeding ten per centum 
on the capital stock of said company actually paid in, 
agreeably to the provisions of this act. 

Sec. 9. Be it further enacted. That the said Globe 
Liable to Fire and Marine Insurance Company, shall be liable 

taxation. i .•^,, „ , 

to be taxed by any general law providing lor the tax- 
ation of all similar corporations, which are by law 
liable to be taxed. 

[Approved by the Governor, February 9th, 1824.] 



CHAP. LXXXVII. 

An Act to incorporate the Boston Copper Manufac- 
turing Company. 

Sec. 1. JlJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That George C. F. An- 
^^j~"n"'^p°°drews, James Bartlett, and Isaac Washburn, and 
their associates, successors and assigns, be, and they 
hereby are made a Corporation, by the name of the 
Boston Copper Manufacturing Company, for the pur- 
pose of Smelting and Rolling sheet copper and cop- 
per bolts and casting copper composition and metals 
of all kinds, in the town of Boston and Cambridge, 
and for the purposes aforesaid, shall have all the 
powers and privileges,and be subject to all the duties 
and requirements contained in an act passed the 
third day of March, in the year of our Lord one 
thousand eight hundred and nine, entitled "an act de- 
fining the general powers and duties of manufactur- 
ing corporations ;" and the several acts in addition 
thereto. 

Sec 2. Be it further enacted. That the said Cor- 
poration may be lawfully seized and possessed of 



SALEM MARINE RAILWAY. Feb!^, 1824. 319 

such real estate not exceeding one hundred thousand ^»p'«»'« 
dollars, in vahie, and such personal estate not ex- 
ceeding two hundred thousand dollars, as may be 
necessary and convenient for carrying on the manu- 
facture aforesaid. 

[Approved by the Governor, February 9th, 1824.] 



CHAP. LXXVIII. 

An Act to establish the Salem Marine Railway 
Corporation. 

Sec. 1. UE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same. That Stephen Phillips, 
William P. Richardson, Pickering Dodge, James ;„''„';."""' ,, 
Cook, and Joseph A. Peabody, all of Salem, in the 
County of Essex, and such other persons as have as- 
sociated, and may hereafter associate themselves 
with them, be, and they hereby are made a body 
politic and corporate, by the name of the Salei! Ma- 
rine Railway Corporation, for the purpose of making 
and supporting a marine railway in the town of Sa- 
lem ; and by that name, they and their successors 
may sue and be sued, and generally do and execute 
whatever by law shall appertain to bodies politic and 
corporate, and shall be capable in law to take, and 
hold, in fee simple or otherwise, any lands, tenements 
and hereditaments, not exceeding in the whole the 
value of five thousand dollars, and shall also be capa- 
ble in law to take and hold personal estate,not exceed- 
ing in the whole, the sum of ten thousand dollars ; 
and shall also have power to sell, demise,exchange,an(i 
otherwise dispose of or manage all, or any part of 
their lands, tenements, hereditaments and personal es- 
tate aforesaid, for the benefit of said corporation, and 
shall also have a common seal, which they may break, 
alter and renew at their pleasure ; and shall also have 



May hold estate. 



320 SALEM MARINE RAILWAY. Feb. 9, 1824, 

power to make by-laws with suitable penalties, and 
not repugnant to the laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the whole pro- 
perty of said corporation shall be divided into one 
hundred and fifty shares, not exceeding the value of 

^uTof'share8?'one hundred dollars each, and said shares shall be 
considered in all respects as personal estate ; and the 
said corporation shall have power, from time to time, 
to assess upon each of said shares such sums of mon- 
ey as may be deemed necessary for the purposes of 
said corporation ; and for the payment of any such 
assessment, the said corporation shall have power, 
after notice given pursuant to their by-laws in that 
behalf, to sell and dispose of the shares of delinquent 
proprietors, at such time and manner as the said cor- 
poration may determine ; and in case of any sale of 
such shares aforesaid, a deed or deeds duly executed 
and acknowledged by the President of said corpora- 
tion, or by any person authorized by said corpora- 
tion, and recorded in their records, shall be as effect- 
ual to convey such delinquent proprietor's estate and 
interest in such shares as if such deed had been made 
and executed by such proprietor himself. 

Sec. 3. Be it further enacted, That the first meet- 

caii of Meeting, ^yig of said corporation shall be called either by per- 
sonal notice to each of the proprietors,or by advertise- 
ment in any of the public newspapers printed in Sa- 
lem aforesaid, such notice or advertisement to be at 
least seven days before the day of such meeting ; and 
at the said first meeting, or any other legal meeting, 
the said corporation may agree on the mode of call- 
ing and warning their annual and other meeting ; and 

Choice of officeri. may clcct a President and such other officers as they 
may judg€ proper for the orderly conducting of their 
affairs and the management of their property, and 
may change or remove such officers at pleasure ; and 
at all meetings each proprietor present shall be en- 
titled to one vote for each of his shares, and any ab- 
sent proprietor shall be entitled to vote in like man- 
ner by proxy authorized in writing. 



BAPTIST SOCIETY IN DIGHTON. Feb. 9, 1824. 321 

Sec. 4. Be it further enacted, That the several per- 
sons herein before named, or any two of them, be, and 
they hereby are authorized to call the said first meet- 
ing in manner aforesaid. 

[Approved by the Governor, February 9th, 1824.] 



CHAP. LXXXIX. 

An Act to incorporate the First Baptist Society in 

Dighton. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Cozirt assembled, and by 
the authority of the same, That Peleg Francis, Na-''r"d.'"''"^° 
than Simmons, George Horton, Jonathan P. Sears, 
Ebenezer Lee, Gideon Hicks, Daniel Witherell, 
Leander T. Wing, James Paull, Stephen Smith, Jr. 
Caleb Paull, David S. Smith, Percy N. Perce, Anson 
Horton, Seth Horton, Elisha K. Paull, Baylies Hor- 
ton, Elisha Moulton, Philip Nichols, Thomas Lawton, 
Crummell Goff, George A. Goff, Ezekiel Smith, Sim- 
eon Percy, Epraim R. Witherell, Asa Smith, Benja- 
min Pidge, Thos. Francis, Thos. H. Francis, Stephen 
Smith, Benjamin Smith, Constant Simmons,George B. 
Simmons, G. Briggs,George Briggs,Jr. Nathan Briggs, 
Israel Lee, Seth S. Horton, Abdiel Bliss, Solomon 
Horton, Jathniel Peck, William W. Waldron, Crom- 
well Peck, Stephen Moulton, Joseph Nichols, Colon 
Nichols, Otis Nichols, Cyrus M. Wheaton, Alancy 
R. Lawton, Richard Goff, Jr. Richard Goff, Nelson 
Goff, Leonard Goff, Horatio Goff, Joseph Bowen, Da- 
rius Goff, George L. Horton, Orin N. Horton, Abdiel 
Bliss, Seth Talbert, Aaron M. Smith, Otis Peck, 
Nathan Hicks, Jotham Hicks, Stephen Bowen, Sen- 
eca Bliss, Talbot Horton, Darius Perry, Robert Whit- 
marsh, Enoch Wheeler, Ebenezer Gooding, and Isra- 
el Pierce, their associates, successors and assigns, be, 
and they hereby are incorporated as a religious soci- 



Meeting. 



322 MEGHAN. & TRAD. INSUR. COM. Feb. 9, 1824. 

ety by the name of the first Baptist Society in Digh- 
ton, with all the powers and privileges, and subject 
to all the duties and liabilities of Parishes and other 
Religious societies, according to the constitution and 
laws of this Commonwealth. 

Sec. 2. Be it further enacted^ That any Justice of 
the Peace, for the County of Bristol, is hereby em- 
powered upon application therefor, to issue a warrant, 
directed to any Freeholder and member of said First 
Baptist Society, requiring him to notify and warn the 
members thereof, to meet at such convenient time 
and place, as shall be appointed in said warrant, to 
organize said Society, by the appointment of its offi- 
cers. 

[Approved by the Governor, February 9th, 1824.] 



CHAP. XLC. 

An Act to incorporate the Boston Mechanics' and 
Traders' Insurance Company. 

Sec. 1. JlJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Samuel T. Armstrong, 
e^i^sojisincorpo. ^y^jg^^j Parkcr, Stephen Fairbanks, Uriel Crocker 
and Charles Ewer,with their associates, successors and 
assigns be,and tliey hereby are incorporated into a com- 
pany and body pojkic, by the name of the Boston Me- 
chanics' and Traders' Insurance Company, with all the 
privileges and powers granted toInsuranceCompanies, 
and subject to all the restrictions, duties and obliga- 
tions, contained in a law of this Commonwealth, en- 
titled, " An Act to define the powers, duties and re- 
strictions of Insurance Companies," passed on the six- 
teenth day of February in the year of our Lord one 
thousand eight hundred and eighteen, and in a law 
of this Commonwealth, entitled, "An Act authorising 
the several Insurance Companies in this Common- 



MEGHAN. & TRAD. INSUR. COM. Feb. 9, 1824. 323 

wealth, to insure against fire," passed on the twenty- 
first day of February, in the year of our Lord one 
thousand eight hundred and twenty, for and during 
the term of twenty years after the passing of this act ; 
and by that name may sue and be sued, plead and be 
impleaded, appear, prosecute and defend to final judg- 
ment and execution ; and may have a common seal, 
which they may alter at pleasure ; and may purchase, 
hold and convey, any estate real or personal for the 
use of said Company : Provided^ The said real estate Proviso, 
shall not exceed the value of thirty thousand dollars, 
excepting such as may be taken for debt, or held col- 
lateral security for monies due to said company. 

Sec. 2. Be it further enacted, That the Capital *''"'"^' '""''^' 
■Stock of said Company shall be three hundred thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, fifty per centum of which shall 
be paid in money within ninety days after the first 
meeting of the said company, and the residue to be 
paid in money also, within one year from the passing 
of this act, under such penalties as the President and 
Directors, shall in their discretion direct and appoint : 
Provided, however, That the said company shall not Proviso, 
take any risk, or subscribe any policy by virtue of 
this act until one moiety of the capital stock of said 
company shall have actually been paid in. 

Sec. 3. Be it further enacted, That the stock, prop- 
erty, affairs and concerns of said company shall be 
managed and conducted by twelve Directors, one of °«my]i™etfo"n'! 
whom shall be President thereof, who shall hold their 
offices for one year, and until others are chosen, and 
no longer ; and who shall at the time of their election 
be stockholders and citizens of this Commonwealth, 
and shall be elected on the second Monday of March, 
in each and every year, at such time of the day and 
in such place in the City of Boston as a majority of 
the Directors, for the time being, shall appoint : of 
which election public notice shall be given in two 
newspapers printed in the City of Boston, and con- 
tinued for the space of ten days immediately preced- 
ing such election, and the election shall be made by 



dent. 



324 BIECHAN. & TRAD. INSUR. COM. Feb. 9, 1824. 

ballot, by a majority of the votes of the stockiiolders 
present, allowing one vote to each share in the capital 
proviw. stock : Provided, That no stockholder shall be allow- 

ed more than ten votes, and absent stockholders may 
vote by proxy, under such regulations as the said com- 
pany shall prescribe ; and if through any unavoidable 
accident, the said Directors shall not be chosen on the 
second Monday in March, as aforesaid, it shall be 
lawful to choose them on any other day in the manner 
herein prescribed. 

Sec. 4. Be it further enacted, That the Directors^ 
"when chosen, shall meet as soon as may be, after ev- 
choice of Piesi Cry clection, aud sliall choose out of thcir body one 
person to be President, who shall be sworn faithfully 
to discharge the duties of his office, and who shall 
preside for one year ; and in ease of the death, resig- 
nation, or inability to serve, of the President or any 
Director, such vacancy or vacancies shall be filled, 
for the remainder of the year in which they happen, 
by a special election for that purpose, to be held in 
the same manner as herein before directed, respecting 
annual elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and four Directors, or five of them in his absence, shall 
be a Board competent for the transaction of business, 
and all questions before them, shall be decided by a 
majority of votes, and they shall have power to make 
and prescribe such by-laws, rules and regulations, as 
to them shall appear needful and proper, touching the 
management and disposition of the stock, property, 
estate and effects of the said company, and the transfer 
of the shares ; and touching the duties and conduct 
of the several officers, clerks and servants employ- 
ed, and the election of Directors, and all such matters 
as appertain to the business of insurance, and shall al- 
so have power to appoint a Secretary, and so many 
clerks and servants for carrying on the said business, 
and with such salaries and allowances to them and 
to the President as to the said Board shall seem meet : 
p.ovi,o. Provided, such by-laws and regulations shall not be 



T'owers gianted. 



MEGHAN. & TRAD. INSUR. COM. Feb. ^, 1824. 325 

repugnant to the constitution and laws of this Com- 
monwealth. 

Sec. 6. Be it further enacted. That any three or 
more persons named in this act of incorporation are 
hereby authorized to call a meeting of the said com-«--""f^^*s«ins, 
pany as soon as may be, in Boston, by adv ertising the 
same for two successive weeks, in two newspapers 
printed in Boston, for the purpose ofelecting the first 
Board of Directors, who shall continue in office until 
the second Monday of March in the year of our Lord 
then next ensuing. 

Sec. 7. Be it further enacted, That the capital stock 
of said company shall not be sold or transferred, but Reiatin? to uang 
shall be holden by the original subscribers thereto, *"""''^''"=''- 
for and during the period of one year, after the char- 
ter shall be put into operation as aforesaid : and in 
case the same shall not be put into operation, accord- 
ing to the provisions thereof, within one year from 
the passing of this act, it shall be null and void. 

Sec. 8. Be it further enacted, That the said com- 
pany, shall never take on any one risk, against fire,jij,,^,,„tg,,^„ 
or other risk or loan, on respondentia, or bottomry, 
on any one bottom, at any one time, including the sum 
insured, in any other way on the same bottom, a sum 
exceeding ten per centum on the capital stock of said 
compan}'^, actually paid in agreeably to the provisions 
of this act. 

Sec. 9. Be it further enacted, That the said Insur- 
ance Company shall be located and kept in the City 
of Boston. 

Sec. 10. Be it further enacted. That the said Bos- 
ton Mechanics' and Traders' Insurance Company 
shall be liable to be taxed by anj^ general law provid- Liable to taction 
ing for the taxation of all similar corporations. 

[Approved by the Governor, February 9th, 1824.] 



44 



326 TREASURER OF NANTUCKET. Feb. 7, 1824. 

CHAP. XCI. 

An Act to provide for the appointment of the Treas- 
urer of the County of Nantucket. 

xSE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after 
passing this act the Treasurer of the Town of Nan- 
tucket shall be ex-officio the Treasurer of the Coun- 
ty of Nantucket, any law of this Connnonwealth to 
the contrary notwithstanding. 

[Approved by the Governor, February 7th, 1824.] 



CHAP. XCII. 

An Act for the pi^servation of Westport Harbor. 

Sec. 1. }jE it enacted by the Senate and House of 
Ileprcsentatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act. it shall not be lawful for any per- 
son or persons whatsoever, to dig or carry away any 
sand from the beach called Horse-neck, within sixty 
rods of the East side of the mouth of the Harbor, or 
the mo.st wesferiy end of said Horse-neck beach, in 
the ^OYvn of Westport, in the County of Bristol. 

Sec. 2. Be it further enacted. That if any person 
or persons shall offend against the provisions of this 
act, he ov they shall forfeit and pay the sum of fifteen 
Penalty. ^qJIj^j.^ f^^ q^^^\^ gij^j evcry such offence, to be recov- 
ered by action o^ debt in any Court proper to try the 
same, one moie\} to the use of any person who shall 
sue for and recover the same, and the other moiety 
to the use of said town of Westport. 

[Approved by the Governor, February 7th, 1824.] 



NATHAN BRIDGE. 

CHAP. XCIII. 



Feb. 10, 1824 



327 



how to be 
invested. 



An Act to authorize Nathan Bridge to dispose of 
certain real estate in Charlestown, and for other 
purposes. 

Sec. 1. Jl>E it enacted by the Senate and House of 
Representatives^ in General Court assembled., and by 
the authority of the same., That Nathan Bridge, of 
Charlestown, in the County of Middlesex, merchant, 
be, and lie hereby is duly authorized and empower- condiMons or 
ed at anv time within three years, to sell and dispose 
of the dwelling house, with the land and appurten- 
ances occupied by the said Bridge, in said Charles- 
town, and which were devised to him for life, remain- 
der to his children, by his late father, Matthew 
Bridge, late of said Charlestown, deceased ; and to 
invest the proceeds to arise from said sale or sales,in Proceeds of saie 
real estate, situate in the City of Boston, or in the 
United States' stock or stocks of one or more of the 
baulks within this Gommonw ealth, to be placed in the 
hands of three trustees, to be appointed by the 
Judge of Probate, for the said County of Middlesex ; 
and to be by them holden in trust to pay over the 
rents, interest, and income of said real estate and 
stocks to the said Nathan Bridge, or his assigns, dur- 
ing his life ; and after his decease, then ni trust to 
hold said estates and stocks, to the use of the chil- 
dren of the said Nathan, and their personal represen- 
tative, their heirs and assigns forever: Provided, 
The said Nathan Bridge first give bond with suffi- 
cient sureties, to the Judge of Probate, for the Coun- 
ty of Middlesex, that he will faithfully endeavor to 
cause said land and tenements to be sold to the best 
profit and advantage ; and will well and truly invest 
or cause to be invested, the proceeds that shall arise 
from said sale or sales, in the manner herein above 
provided ; and place the same in the hands of trus- 
tees to be appointed as aforesaid, upon the trust 
aforesaid, immediately from and after said sale or 



Proviso. 



328 BAPT. SO. IN WESTBOROUGH. Feb. 10, 1824, 

sales ; and any deed or deeds made and executed by 
the said Nathan Bridge, of the said lands and tene- 
ments in pursuance of the powers to him herein 
granted, and duly acknowledged and recorded in the 
registry of deeds for the County of Middlesex, shall 
make a complete and legal title in fee to the pur- 
chaser or purchasers thereof. 

Sec. 2. Be it further enacted. That the said Judge 
of Probate for the County of Middlesex, and the 
* Supreme Court of Probate of the Commonwealth, 

"^ shall have all the power and authority over the said 
trust, and the funds and the trustees thereof, which 
by law they now have in cases of trusts for the bene- 
fit of minors or other persons, arising under any last 
will and testument. 

[Approved by the Governor, February 10th, 1824,} 



CHAP. XCIV. 

An Act to alter and amend an act, entitled, "An Act 
to establish the First Baptist Society in West- 
borough." 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That any person who may 
hereafter wish to unite in religious worship, and be- 
come a member of said Society ; or who may wish 
to leave said Society, and join some other Parish, or 
religious Society, shall at any time have liberty so to 
do, by complying with the formalities prescribed by 
the act of which this is an amendment. 

Sec. 2. Be it further enacted, That so much of 
the act, of which this is an amendment, as is incon- 
sistent with this act, be repealed. 

f Approved by the Governor, February 10th, 1824. | 



MILL-POND WHARF. iV^. 10, 1824. 320 

CHAP. XCY 

An Act to incorporate the Proprietors of the Mill- 
pond Wliarf in Boston. 

Sec. 1. JlJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same^ That Israel Tliorndike, 
Joseph Sewall and John Bumstead, and their asso- 
ciates, successors and assigns, be and they hereby ^%'°3,' '"'""'"'' 
are constituted a bod}' pohtic and corporate, by the 
name of the proprietors of the Mill-pond Wharf; and 
the said corporation, by the same name, are hereby 
declared and made capable in law to sue and be sued, 
to plead and be impleaded, to have a common seal, 
and the same to alter and renew at pleasure ; to make 
rules and by-laws for the regulation and management 
of their corporate property' and estate, consistent 
with the laws of the Commonwealth, and generally 
to do and execute whatever by law shall appertain 
to bodies politic. 

Sec. 2. Be it further enacted, That the propert}' 
of the said corporation shall be divided into shares. Number of shaie- 
not exceeding three hundred in number, as the said 
corporation may find to be most expedient, and cer- 
tificates of the shares shall be signed by the Presi- 
dent of the corporation, and issued to the proprietors 
vespectively : and the shares in said corporation shall 
be transferable by endorsement on said certificates,,, 

J J • I 1 1 Manner of trans' 

and the propert}' m such shares shall be vested in ^^''' 
the assignee or vendee thereof, when a record shall 
be made thereof by the clerk of the corporation and 
new certificates shall be issued accordingly ; and such 
shares ^ball be considered in all respects personal 
estate. 

Sec. 3. Be it further enacted, That the said cor- 
poration shall have power from time to time, to as- 
sess such sums of money as may be deemed neces- *'Toney?"^ 
sary for building or repairing any building or other 
property of said corporation, or necessary for the 
building of any new wharves or tenements, or for the 



Hay hold Estate* 



330 MI I.L-POND WHARF. Feb. 10, 1824, 

improvement and good management of the corporate 
estate,agreeably to the true intent and meaning of this 
act. And in case any proprietor shall refuse or ne- 
glect to pay any assessment, the said corporation 
may cause such of the shares of such proprietor, as 
may be sufficient therefor, to be sold at public auc- 
tion, after ten days notice, to the highest bidder ; and 
after deducting the amount assessed and unpaid, to- 
gether with the charges of the sale, the surplus, if 
an}^, shall be paid over to such proprietor ; and the 
purchaser of such share or shares so sold shall be 
entitled to and receive a certificate of the share or 
shares by him purchased. 

Sec. 4, Be it further enacted, That the said cor- 
poration, by virtue of this act, shall have power to 
hold and possess real and personal property, not to 
exceed the value of two hundred thousand dollars, at 
one time : and in all meetings of the members of 
said corporation for the transaction of business, each 
member or proprietor shall be entitled to one vote 
for every share by him held in said corporation : Pro- 
rioviso. vided, ahvays, That no member shall ever be entitled 

to more votes than shall be equal to one third part 
in value of the corporate property ; ,jlnd Provided, 
further, That no assessment shall be made at any 
meeting unless the same shall be agreed to, by two 
thirds at least in number and value of those present 
or represented at such meeting, nor unless public no- 
tice shall have been given at least ten days previous 
to such meeting by publication thereof, in one or 
more of the newspapers printed in Boston. Proprie- 
tors ma}'^ appear and act at any meeting by prox}^ in 
writing. 

Sec. b. Be it further enacted, That either of them, 
the said Thorndike, Sewall, or Bumstead, may call a 
Meeting. meeting of said corporation, by advertising the same 
in any of the newspapers printed in Boston, ten days 
at least, before the time of meeting, and that the said 
corporation may at such, or any other meeting, agree 
on the mode of calling future meetings, and elect a 
Choice of officers. President and clerk, and may elect all such other 
officers as said corporation may think fit for conduct- 



FIRST UNI. SO. IN MARLBORO'. Feb. 10, 1824. 331 

ing and managing the corporate affairs and estate, 
and the same may change and remove as said cor- 
poration shall see fit. 

[Approved by the Governor, February 10th, 1824.] ' 



CHAP. XCVI. 

An Act to incorporate the First Universalist Society 
in Marlborough. 

Sec. 1. xJE it enacted by the Seriate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That Ephraim How, James inSo?ateu, 
Wood, Lyman Morse, William Annet, Micah Sher- 
man, Silas Temple, Ephraim Drury, Jedediah Wood, 
Samuel Winchester, Phineas Hall, Truman Hugar, 
John Maynard, Benjamin Parker, Silas Felton, Silas 
Winch, John Sawin, Samuel M. Sherman, Benjamin 
Lufkin, John Arnold, Amory Cotting, Eli Maynard, 
Stephen Ames, William Felton, Jr. Truman Stow, 
Sullivan Thayer, Jonathan Sawin, Ephraim Maynard, 
Jr. William Rice, John Cotting, George E. Monson, 
Eliphalet Spurr, Jonathan Smith, W^illard Morse, 
Bezaleel Hayden, Abel Brigham, Edward Hager, 
John Nurse, Samuel Jennisson, Jr. Abijah Brown, 
John G. Barnard, Elijah Puffer, Pierce Burnham, 
Samuel Arnold, and Elijah Hale, with their families, 
polls, and estates, together with all others who may 
hereafter associate with them, and their successors, 
be, and they are hereby incorporated into a religious 
society, by the name of the FirstUniversalist Society in 
Marlborough, with all the privileges, powers and im- 
munities to which other religious societies in this 
Commonwealth are entitled by law. 

Sec. 2. Be it further enacted, That the said socie- 
ty shall be capable in law, to purchase, hold and dis- 
pose of any estate, real or personal, for the use of ^""**' 



332 FIRST UNI. SO. IN MARLBORO'. Feb. 10, 1824. 

Proviso. said society : Provided the annual income thereof, 

shall not exceed at any one time, the sum of two 
thousand dollars. 

Sec. 3. Be it further -ejiacted, That the said socie- 
ty may have power to order and establish such reg- 

»uiesandbyiawi,^^^^tions, Tulcs and by-laws for their government, and 
for the management of their concerns, as they may 
see fit : Provided the same are not repugnant to the 
Laws and Constitution of this Commonwealth. 

Sec. 4. Be it ftirther enacted, That all taxes for 
building and repairing a house for public worship, 
supporting a Minister or Ministers, and all other in- 

Levyoftasei. cidcntal charges attending the same, may be levied 
and collected by assessments on the polls and estates 
of the members of said Society, or on the pews in 
such house as they may build or purchase, in such 
manner as the society shall hereafter determine at a 
meeting legally notified for said purposes. 

Sec. 5. Be it further enacted, That any Justice of 
the Peace, for the County of Middlesex, is hereby 
authorized to issue a Warrant directed to some mem- 
ber Qf said Society, requiring him to notify and warn 

. .1 f« . the members thereof, to meet at such convenient 

i;all of Meeting. . ' 

time and place as shall be appointed in said warrant, 
for the choice of such officers, as parishes are by law 
empowered to choose at their annual meetings, and 
to transact all such business as religious societies 
have a right to transact. 

[Approved by the Governor, February 10th, 1 824.] 



SHAD AND ALEWIVES. Feb. 10, 1824. 333 

CHAP. XCVII. 

\n Act more effectuall}' to prevent the destruction 
of Shad and Alewives, in the Saugus River, and its 
tributary streams within the towns of Lynn, Sau- 
gus, South Reading and Lynnfield. 

Sec, 1. JlSE it enacted by the Senate and House of 
Representatives in General Court assembled, and by * 

the authority of the same, That the towns of Lynn, 
Saugus, South Reading, and Lynnfield, shall be, and 
they are hereby respectively empowered and direc- 
ted, at their annual meetings for the choice of town choice of com 
Officers, to choose in each town, three persons, in- 
habitants thereof, to see that the laws respecting the 
passage ways for Shad and Alewives, be observed, 
and each person so chosen, shall be sworn to the 
faithful discharge of his duty. And the said Com- 
mittees of said Towns shall meet together annually, 
on or before the first day of April at such time and 
place as the person first chosen by the town of Lynn 
shall appoint to be by him duly notified. And the 
major part of those of the said Committees who shall 
be present at such meeting, are hereby authorized andp^^^^f^,^!^^ 
empowered to order the times, places and manner, ""'"«*• 
in which said fish may be taken in Saugus river and 
streams in each of said towns. And the members 
of the said Committees shall have joint and concurrent 
jurisdiction in each of said towns, so far as respects 
said river and streams. And in case either of 
said towns shall neglect to choose the Com- 
mittee assigned to it, the Committee or Com- 
mittees, which shall be duly chosen and sworn 
within the other towns or either of them, shall have 
the powers and shall perform the duties hereby re- 
quired. And the regulations which shall be so agreed 
upon by said Committees shall be written and posted, 
in three public places at least, in each of said towns. 
Sec. 2. Be it further enacted, That the said Com- 
mittees, or the majority of the members, not less than 
45 



334 SHAD AND ALE WIVES Feb. 10, 1824. 

three in number, who shall be present at any meet- 
ing duly notified by the first chosen or eldest member 
of the Committee, which shall be chosen in the town 
of Lynn, or by the request of any three members of 
^ . , , . said Committees, shall be, and they are hereby au- 
««•• thorized and empowered to require ot the owner or 

occupant of any dam or sluice head of any mill, erected 
or that may be erected over said river, or streams to 
open and keep therein a sufficient passage way for 
said fish, at such time on or after the first day of ApriL 
annually, as the said Committees or the major part 
present, as aforesaid, shall think necessary ; and may 
also require of the owner or occupant of any canal 
or course, whereby any natural stream is or shall be 
in part changed or altered, to leave sufficient water 
in the natural stream for the easy and safe passage of 
the said fish ; and upon neglect or refusal of such 
owner or occupant of any dam, or sluice-head, or ca- 
nal, as aforesaid, to comply with this act, the said 
Committee or major part who shall be present at any 
meeting as aforesaid, shall and may cause such suffi- 
cient passage way and opening, as they shall judge 
necessary for the purposes aforesaid, to be made in 
such dam, sluice-head, or canal, with least prejudice 
to the owner or occupant, and at his expense. And 
such passage and opening shall and may be continued 
at the discretion of the said Committee, from the time 
they shall order the same, as aforesaid, and until they 
shall order or permit the closing of the same, not ex- 
ceeding the fifteenth day of June in every year. And 
if any person or persons shall obstruct the passage 
way or opening, required or allowed by the said Com- 
mittees, or the major part of them, as aforesaid in any 
pottity. dam, sluice-head, or canal, within their jurisdiction as 
aforesaid, such offender or offenders shall forfeit and 
pay the sum not exceeding sixty dollars, nor less than 
thirty dollars. 

Sec. 3. Be it further enacted. That if any person 
or persons, shall be found taking any of the aforesaid 
iish on any day, or in any place, or in any manner con- 
trary to the regulations of the said Committees, or of 



SHAD AND ALEWIVES. Feb. 10, 1824. 335 

otherwise killing and wasting such fish, such offender 
shall forfeit and pay a sum not exceeding two dollars 
nor less than one dollar for each offence. 

Sec. 4. Be it further enacted^ That it shall be the 
duty of the said Committees, jointly,and of each Com- 
mittee in their respective towns, to see the observance 
of this act, and they shall have authority therefor to 
go upon the land bordering upon tlie said river or 
streams, and shall not be considered as trespassers 
therein. And any person who shall molest said 
Committees, or either of them in the execution of 
their office, or shall injuriously obstruct the said river 
and streams, shall forfeit and pay a sum not exceed- 
ing three dollars nor less than one dollar, according to 
the aggravation of the offence. And all fines and for- 
feitures given by this act shall and may be sued for 
and recovered, by action of debt, in any court proper 
to try the same, by the said Committees or any one of^appi-ed.**'*'^ 
them; one moiety to the use of the prosecutors, and 
the other moiety to the use of the poor of the town 
in which the offence shall happen. 

Sec. 5. Be it further enacted^ That all laws here- 
tofore made for regulating the fishery in the said river 
and streams in Lynn, Saugus, South Reading and 
Lynnfield, with joint or separate authority are hereby Pioviw, 
repealed : Provided nevertheless^ that nothing in this 
act shall be so construed as to effect in any way an 
Act passed March third, one thousand eight hundred 
and two, so far as it respects the stream leading from 
the flax-pond and emptying into said Saugus river, or 
any other streams within the said town of Lj^nn : 
Provided also, that said joint Committee shall have 
no controul nor jurisdiction over any stream within 
the town of Lynn other than said Saugus river. 

[Approved by the Governor, February 10th, 1824.] 



ProT«so< 



336 JUDICIAL DEPARTMENT. Feb, 11, 1824. 

CHAP. XCVIII. 

An Act in addition to an Act making further provi- 
sion in the Judicial Department. 

-t5E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the pas- 
sing of this Act, the Supreme Judicial Court of this 
Commonwealth shall consist of one Chief Justice 
and three other Justices, and no more : And all Laws, 
inconsistent with the foregoing, are hereby repealed. 

[Approved by the Governor, February 11th, 1824.] 



CHAP. XCIX. 

An Act to establish the division line between Digh» 
ton and Wellington. 

Sec. 1. j>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the line of division 
between the towns of Wellington and Dighton, in the 
County of Bristol, be so altered, in the western ex- 
tremity thereof, as to run from the corner near Abie- 
tioetobeaitered^gj. gfiggg' housc, wcst sevcuteen dcgrces and one 

half north, until it strikes the line of Rehoboth, in 
such course that the said line of division between 
Wellington and Dighton, being thus altered, may run 
straight from the corner near the house of Constant 
Simmons to Rehoboth line ; and that all that part of 
the territory of the town of Dighton lying north of 
the line aforesaid be set off from the town of Dighton, 
and annexed to the town of Wellington 

Sec. 2. Be it further enacted. That any person 
■^pwpc^ who may have gained an inhabitancy, at any time be- 



CON. MEET. HOUSE IN N. BED. Feb. 12, 1824. '337 

fore the passing of this Act, within that part of the 
town of Dighton, which is, by this Act, annexed to 
the town of WelHngton, and who now is or hereafter 
may need to be supported as a pauper, shall be sup- 
ported by the said town of Wellington ; and all such 
persons, together with those who may derive their 
settlement from or under them, shall be deemed and 
taken to have their settlement in the town of Wel- 
lington, aforesaid. 

[Approved by the Governor, February 12th, 1824.] 



CHAP. C. 

An Act authorizing the taxing of the Pews in the 
Congregational Meeting-House in New-Bedford. 

Sec. 1. JlJE z7 enacted by the Seriate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the members of the 
Congregational Society known by the name of the 
Bedford Precinct in the town of New-Bedford, in the 
County of Bristol, be, and they hereby are empower- Power to «;« 
ed to raise any sum or sums of money, which the 
said members may hereafter, at any legal meeting 
called for that purpose, vote to raise, for the support 
of a Gospel Minister in the said Society, and for other 
necessary expenses, by a tax upon the pews, in said 
Meeting-house. Provided however, that said Society ^~''"»' 
may by vote except from taxation such pews, as they 
may think fit, not exceeding six in number on the 
lower floor, and and as many in the gallery as they 
may think proper, and instruct the assessors accord- 
ingly, who shall omit such pews in the assessments. 

Sec. 2. Be it further enacted, That for the equita- 
ble apportionment of the taxes to be assessed on said 
pews, the members of said Society shall cause a valu-'^'^^^'J"**' 
ation thereof to be made, by a committee to be chosen 
by them for that purpose ; and the report of that com- 



338 CON. MEET. HOUSE IN N. BED. Feb. 12, 1824 



Duties of Asks 
it>n> 



DutyofTreas 
mxT. 



ProYiso. 



Sales of Pewt. 



mittee, stating the number and value of said pews 
shall when accepted and recorded, be binding on all 
persons interested, for the purpose of taxation, as 
aforesaid ; and the sums voted to be raised on said 
pews, shall be apportioned and assessed thereon, by 
the assessors for the time being, according to such 
valuation. 

Sec. 3. Be it further enacted, That the assessors 
of said Society shall make out a fair list of the taxes 
assessed on pews, according to this act, and commit 
said list to the Treasurer of the Society, to receive 
and collect the taxes ; and it shall be the duty of the 
said Treasurer, as soon as may be, after receiving the 
said list, to give notice thereof, by posting a copy of 
said list, at said meeting-house door, stating the num- 
ber of each pew and the amount of taxes set against 
it, with a notification written thereon, for persons in- 
terested in said pews, to pay the tax upon the same 
within thirty days from the date of the said notifica- 
tion ; and if the tax upon any pew shall not be paid 
to the Treasurer, within thirty days, according to his 
notification as aforesaid, it shall be the duty of the 
Treasurer, and he is hereby empowered to sell the 
pew upon which such tax, or an}'^ part of it, shall re- 
main unpaid, at public auction to the highest bidder ; 
and his deed to the purchaser recorded in the records 
of the town of New-Bedford shall give to the purcha- 
ser a perfect right and title to said pew ; and he or she, 
shall afterwards be considered the legal owner there- 
of: Provided however, that the Treasurer shall, after 
the expiration of said thirty days, give at least ten days 
notice of the time and place of vendue, by posting up 
one advertisement at said Meeting-house, and one at 
some other public place in said town, stating the num- 
ber of the Pew to be sold, and the tax due upon it. 

Sec. 4. Be it further enacted, That in case an ad- 
journment of the sale of pews shall appear to theTreas- 
urer to be necessary, he may adjourn his sale for a 
time not exceeding seven days at a time, until his sales 
are completed ; and in all cases, he shall pay over on 
demand, to the former owner of pews, the balance in 



PROMISSORY NOTES. Feb, 12, 1824 339 

his hands, arising from the sales, after deducting the 
taxes due, and his reasonable charges, for advertising 
and selling the same. 

[Approved by the Governor, February 12th, 1824.] 



CHAP. CI. 

An Act to repeal an act, entitled, "An Act to restrain 
the issuing of printed Promissory Notes of certain 
denominations, and for other purposes." 

X>E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That an act entitled " an 
act to restrain the issuing of printed Promissory 
Notes of certain denominations, and for other pur- 
poses," passed on the eighteenth day of February, in 
the year of our Lord one thousand eight hundred * 
and five, be, and the same is hereby repealed. 

[Approved by the Governor, February 12th, 1824.] 



CHAP. CII. 

An Act to incorporate the Trustees of the Green 
Foundation. 

WHEREAS the heirs of Thomas Green, late of Bos- p^^^^,^ 
ton, in the County of Suffolk, deceased, in pur- 
suance of a design formed by the said Green in his 
life time, have made a donation of a certain sum 
to the Ministers, Wardens and Vestry of Trinity 
Church, in said Boston, for the time being, in trust, 
as a fund for the support of an assistant minister 



340 GREEN FOUNDATION. Feb. 12, 1824. 

for said church ; and the present minister, wardens 
and vestry of said church, have by their petition, 
prayed this Legislature to incorporate them Trus- 
tees for the due management of said fund, and vest 
them with the power necessary to carry into effect 
the pious purpose of the Donors : 

Sec. 1. JlJE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Minister, Ward- 
inmp'Srated. Gus and Vcstry of Trinity Church, in Boston, for the 
time being, be, and they are hereby incorporated as 
Trustees, by the name of the Trustees of the Green 
Foundation, and by that name, they and their succes- 
sors in office shall be and continue a body corporate 
forever, and they shall have a common seal, subject 
to alteration at their pleasure, and they may sue and 
be sued in all actions, real, personal and mixed, and 
prosecute and defend the same to final judgment and 
execution, and plead and be impleaded by the name 
aforesaid. 

Sec. 2. Be it further enacted, That said Trustees 

and their successors, shall annually elect from their 

Choice of officer!, j^^jjjl^gj.^ a President, and clerk to record the doings 

and transactions of the Trustees at their meetings, 
and a Treasurer to receive and pay the monies be- 
longing to the said fund, or which may hereafter be 
given, or added thereto, and to invest the same ac- 
cording to the direction of the Trustees thereof; and 
all other officers necessary for the management of 
their business. 
<-fTrurtee.. Sec. 3. Bc it further enacted. That the Trustees 
and their successors be and hereby are invested with 
full power, to hold all sums of money, notes, bonds, 
or obligations, and all deeds, bequests, legacies, de- 
vises and donations that may be given or made to them 
in trust, for the benefit of said fund : Provided, That 
they shall not at any one time hold real estate to an 
amount exceeding fifty thousand dollars, and to col- 
lect the interest or rents and profits of the same, and 
also to collect the principal sum when due and paya- 



GREEN FOUNDATION. Feb. 12, 1824 341 

ble, or require security for the payment, when in 
their apprehension the debts are in danger of being 
lost. And they are hereby authorized to add the an- 
nual interest to the principal, and place the whole at 
interest on good security; or invest it either wholly 
Or in part, in such other manner as to them shall seem 
expedient. But nothing in this act shall authorize 
the said Trustees to use or apply any money given 
for the purpose aforesaid in any manner contrary to 
the direction of the Donors as set forth in their deed 
of donation. 

Sec. 4. Be it further enacted. That the said Trus- 
tees may hold, sell or lease any real estate (not ex-^''**^- 
ceeding the amount above mentioned) which may be 
given, devised, sold,mortgaged or set off on execution 
to them, or which shall be otherwise vested in them 
for the support of said fund, and they may make, exe- 
cute and acknowledge a good and sufficient deed or 
deeds thereof, which deed or deeds subscribed by „ 
their Treasurer, and acknowledged by him by airec- ^^^^ "''"'* 
tion of said Trustees, with their seal thereto affixed, 
shall be good and effectual in law, to pass and convey 
the fee simple^ or any less interest according to the 
tenor of said deed or deeds to the purchaser, to all 
intents and purposes whatever. And the said Trus- 
tees may assemble and meet as often as they think 
necessary for the promotion of their trust, any seven 
of whom shall constitute a Board for doing business, 
but the concurrence of ten at least shall be requisite 
to every act and proceeding whatever, except the 
adjournment of a meeting, for which purpose any 
number may be sufficient. And they may make 
rules, regulations and by-laws, not repugnant to the 
laws of this Commonwealth. 

Sec. 5, Be it further enacted. That the said Trus- 
tees, Treasurer, clerk or other officers employed by 
them shall be entitled to receive no compensation for 
the services they may perform out of any monies be- 
longing to said fund. 

Sec. 6. Be it further enacted. That Joseph Head 
Esq. of said Boston, be, and he is hereby authorized 
46 



342 MIN. FUND IN HADLEY. Feb. 12, 1824. 

cii of meeting; ^^ j.^}} ^^^ ^^^^ meeting of the said Trustees, at such 
time and place as he shall judge expedient. 

[Approved by the Governor, February 12th, 1824.] 



CHAP. cm. 

An Act to incorporate the Trustees of the Congrega- 
tional Ministerial Fund in the Town of Hadley. 



?ieamble. 



Person* incorpo 



WHEREAS, William Porter and others, members 
of the Congregational Church in Hadley, are de- 
sirous of establishing a fund to be raised by sub- 
scription, for the purpose of aiding in the support 
of an orthodox minister of the gospel in said town, 
and in behalf and at the request of said church 
have petitioned that they may be incorporated as 
Trustees for the management and application of 
said fund when raised : 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
' medT'*'° ihe authority of the same, That William Porter, Esq. 
Jacob Smith, Erastus Smith, Jason Stockbridge, Na- 
thaniel Coolidge, Jun. William Dickinson and Elisha 
Dickinson, all inhabitants of the town of Hadley, be, 
and they are hereby constituted a body politic and 
corporate, by the name of "The Trustees of the Con- 
gregational Ministerial Fund in Hadley," and by that 
name may sue and be sued, plead and be impleaded, 
and may have a common seal, and shall possess and 
enjoy ail such other powers and privileges, as are in- 
cident to Corporat'ons of a like nature. 
owerj^o tu5 g^^ ^ ^^ it further enacted, That the said Trus- 
tees shall have power to take into their hands and 
hold all such subscriptions, donations, grants, bequests 
and devises, as may hereafter be made to them ; Pro- 
vided however, The annual income thereof, shall not 
exceed the sum of twelve hundred dollars ; and said 



iMIN. FUND IN HADLEY. Feb. 12, 1824. 343 

income shall he by them appropriated in manner fol- 
lowing, to wit : No part of said income shall be ex- 
pended until it shall amount to one hundred dollars, 
and when it shall amount to one hundred dollars, fif- 
t}^ dollars thereof and so much more of said income 
as said trustees shall deem expedient, shall be annu- 
ally added to the prmcipal, until the annual income 
shall exceed five hundred dollars, after which the 
whole income may be expended if necessary ; and 
the said trustees subject to the aforesaid limitations, 
shall annually appropriate the income of the fund 
vested in them to the support of such Congregational 
minister of the church in Hadley, as they shall by 
their Ly-laws and regulations, to be made at their 
first meeting, limit and appoint. 

Sec. 3. Be it further enacted^ That the said Trus-^^'^^^j^/^KW* 
tees at their first meeting, to be called as herein af- 
ter provided, and within three months from the pass- 
ing of this act, shall adopt such rules and regulations 
for the management and appropriation of said fund, 
as they shall deem wise and expedient, and such rules 
and regulations when so adopted, shall be forever 
afterwards unalterable and binding as well upon said 
trustees as upon the contributors to the fund afore- 
said; Provided however^ that such rules and regula-ProTi.o, 
tions shall not be repugnant to the Constitution and 
laws of this Commonwealth ; and the said trustees at 
such first meeting shall prescribe the mode of call- 
ing future meetings, and appoint a clerk, who shall 
be sworn faithfully to record all their votes and pro- 
ceedings, and also a Treasurer who shall give bond 
to the said trustees and their successors, with suffi- 
cient surety conditioned to perform all the duties 
incumbent upon him as Treasurer; and such officers, 
so appointed, shall hold their offices, until others are 
appointed and qualified in manner aforesaid to suc- 
ceed them. 

Sec. 4. Be it further enacted., That the number of Number of Trui 
trustees shall never be more than seven, nor less than 
three ; and the said trustees, whenever any vacancy 
shall happen by death, resignation, removal or other- 



344 MIN. FUND IN HADLEY. i^^^.42,i824 

wise, shall at their next meeting, after such vacancy 
occurs, elect some person to fill the same, and shall 
not suffer any vacancy to remain unfilled more than 
twelve months, and shall have power to remove any 
member, who may from age, infirmity or misconduct 
become unfit to discharge the duties of a trustee. 

tee'$Sded°* ** Sec. 5. Be it further enacted. That in no case shall 
the principal of said fund be expended, but the same 
shall be unalienable ; and whereas the same fund is 
created by the voluntary donation and contribution 
of individuals, the said trustees shall keep and pre- 
serve a list of the donations and of the names of the 
donors thereto, and in case the same shall be misman- 
aged or not appropriated according to this avt and 
the permanent regulations to be adopted as aforesaid, 
any one or more of the donors, or his or their heirs, 
or any of them, may have and file a bill in equity 
against the said trustees or any one or more of them, 
therein specifying as distinctly as may be such mis- 
management or neglect, before the Supreme Judicial 
Court holden for the County of Hampshire, and the 
said Court is hereby authorized to hear and deter- 

?owerpfco«rt, Hiine the same, and to exercise jurisdiction thereon, 
according to the rules of proceeding in chancery, and 
to decree as equity and good conscience shall require, 
each of said trustees to be responsible for his own 
acts and not one for another ; and any sum of mon- 
ey awarded or decreed to be paid by any of said 
trustees shall be for the benefit of said fund and be 
paid over accordingly, and a final decree against any 
one of said trustees for mismanagement in said office, 
shall ipso facto be a disqualification for his acting as 
a trustee ; and in case all of said trustees shall be at 
once so disqualified, new trustees may be appointed 
by the male members of the Congregational Church 
in Hadley, which shall by law be deemed the same 
with or successor to the present Congregational 
Church, said appointment to be made at a meeting 
for that purpose, warned at least seven days previous- 
ly, and said trustees, so appointed, shall have the 



CITY BANK. Feb, 13, 1824. 34S 

powers and be subject to the duties of the trustees 
herein first mentioned. 

Sec. 6. Beit further enacted, That the said trus-Ruie,tobem«i 
tees, within four months from the passing of this act, 
shall file in the Clerk's office of the town of Hadley a 
copy of their permanent rules and regulations, attest- 
ed by their clerk, which copy shall and may be used 
as evidence in all cases where the original would be 
evidence ; and the said trustees, their officers, agents 
or attornies shall never receive any compensation for 
their services from the proceeds of said fund. 

Sec. 7. Be it further enacted, That any four of the cau of meeting 
persons herein before named as trustees, may call the 
first meeting of the trustees, giving to each of the 
other of said trustees seven days previous notice of 
the time and place of holding the same. 

[Approved by the Governor, February 12th, 1824.] 



CHAP. CIV. 

An Act in addition to an Act to incorporate the Pres- 
ident, Directors and Company of the City Bank. 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the President, Direc- 
tors and Company of the City Bank, be, and hereby are 
authorized and empowered to increase their present '"«'*»»«°*"^'°«'' 
Capital Stock, by an addition of two hundred and 
fifty thousand dollars thereto, in shares of one hun- 
dred dollars each, which shall be paid in such instal- 
ments and at such times as the President and Direc- 
tors of said bank may direct and determine : Provided 
however, that the whole amount shall be paid in, on or 
before the first day of June next. 

Sec 2. Be it further enacted, That the additional 
/Stock aforesaid shall be subject to the like tax, regula- 



346 BERLIN CON. MEET. HOUSE. Feb. 1 6, 1 824- 

tions, restrictions and provisions as the present Capi- 
tal Stock of said Corporation is now holden, by virtue 
of the act to which this is in addition. 

Sec. 3. Be it further enacted, That so much of the 
tenth section of the act incorporating the President, 
Directors and Company of the City Bank, as prohib- 
its them from paying or receiving any Bill or Note 
of any other Bank, for any less sum than the nominal 
value expressed in such bill or note be, and the same 
is hereby repealed. 

[Approved by the Governor, February 13th, 1824.] 



CHAP. CV. 

An Act authorizing the inhabitants of the Town of 
Berlin to tax the pews in the Congregational Meet- 
ing-house of said town. 

J>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the inhabitants of the 
Congregational Society in the Town of Berlin, in the 
County of Worcester, be, and they hereby are em- 
powered to raise one third part of any sum, which 
said inhabitants of said Congregational Society, may 
at any legal meeting called for that purpose, vote to 
raise for the purpose of repairing said Congregational 
Meeting-house in said town, by a tax on the pews in 
said House, according to an appraisal now made on 
said pews in said House, the other two thirds being 
assessed on the inhabitants of said society. 

[Approved by the Governor, February 16th, 1824.] 



PUB. WOR. AND RELI. FREEDOxM. Feb. 16,1824. 347 

CHAP. CYI. 

An Act in addition to an Act entitled "An Act respect- 
ing Public Worship and Religious Freedom." 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That every Parish,Precinct, 
and Religious Society in this Commonwealth, may 
organize itself agreeably to the Act entitled "An Act "'iraniMtioD. 
regulating Parishes and Precincts, and the officers 
thereof," and the several acts in addition thereto. 
And any Justice of the Peace, within the County 
wherein any Parish, Precinct, or Religious Society 
may be, which is not organized, agreeable to said Acts, 
is hereby authorized, upon application therefor, by 
any ten or more of the legal voters of such Parish, 
Precinct, or Religious Society, to issue a warrant for 
calling the first meeting thereof, directed to some 
suitable member of said Parish, Precinct, or Religious 
Society, requiring him to notify and warn the mem- 
bers thereof, qualified by law to vote in Town Affairs, 
to meet at some time and place as shall be appointed^^""^^^^'''^ 
in such warrant, to choose all such officers, and trans- 
act all such business as Parishes are by law author- 
ized to choose and transact in the months of March 
and April, annually. And in all Parish meetings the 
qualifications of the voters shall be the same as are 
now required by law to vote in town affairs. 

Sec. 2. Be it further enacted. That any person 
may separate from one Religious Society and 
join another, either of the same, or of a different de- 
nomination, by filing with the Clerk of the Society 
left, a certificate of the fact, under the hand of the 
Clerk of the Society, Vvhich such person elects to join ; 
but such person shall remain liable to pay all such 
taxes as may have been actually granted or assessed Terms of separa 
against him previous to such separation ; and any per- "°"' 
son who may come to dwell within any Town in this 
Commonwealth, shall be deemed and taken to be a 



348 PARISH IN FOXBOROUGH. Feb. 16, 1824 

member of the oldest Religious Society in said Town^ 
unless such person shall, previous to the first day of 
Ma}^ following, file with the Clerk of such Religious 
Society, a certificate, that he or she has joined him or 
herself to, and is a member of some other Religious 
Society within the Commonwealth, under the hand 
of the Clerk thereof 

Sec. 3. Be it further enacted, That it shall be the 
duty of the Assessors of every Parish, Precinct or 
DuMe*ot Asses- I^^ligious Socicty in this Commonwealth, in assessing 
«■"• or levying taxes for the support of Public Worship, 

and all charges incident thereto, to assess all the 
property, both real and personal, (not exempted by 
law from taxation) of all the members thereof, 
wherever the same may be situate within the Com- 
monwealth ; and no citizen of this Commonwealth, 
being a member of an}' Religious Society in the Com- 
monwealth, shall be assessed or liable to pay any tax 
for the support of Public Worship, or other Parochial 
charges, to any Parish, Precinct, or Religious Society 
w^iatever, other than to that of which he is a memoer. 

Sec. 4. Be it further enacted, That all laws incon- 
sistent with, or contrary to the provisions of this Act, 
be, and the same are hereb}^ repealed. 

[Approved by the Governor, February 16th, 1824.] 



CHAP. CVII. 

An Act to incorporate the Trustees of the Ministeri- 
al Fund in the Parish in Foxborough . 

Sec 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Ebenezer Forrest, 
Stephen Rhoads, Melatiah Everett, Jacob Leonard, 
Oliver Comer, and Isaac Winslow, and their succes- 
sors, be, and they hereby are made a bodyfpolitic,by 
the name of the Trustees of the Ministerial Fund m 



PARISH IN FOXBOROUGH. Feb. 16, 1824. 349 

the parish in Foxborough, and by that name to re- 
main a corporation forever, capable and liable in law 
to sue and be sued in any action real, personal or 
mixed, and shall have poAver to appoint a clerk who 
shall be sworn, and a Treasurer who shall give bonds omcevr. 
for the faithful performance of his trust, and all such 
other otFicers as ma}^ be necessary for the manage- 
ment of their affairs, and make, adopt, and execute 
all reasonable by-laws and regulations that may be 
necessary and proper for the government of said cor- 
poration and not repugnant to the laws and constitu- 
tion of this Commonwealth. 

Sec. 2. Be it further enacted, That said Trustees orrn"eej. 
shall have full power to receive and hold all gifts, 
grants, donations or subscriptions, real or personal, 
that may be hereafter made for a Ministerial Fund, 
and the same to manage, and to apply the income 
thereof, annually, for the support of a Congregational 
Minister, in said Parish in Foxborough ; provided the 
amount of said Fund shall never exceed the sum of 
fifteen thousand dollars, and provided also, that no 
appropriation of any gift, grant or donation, or the 
income thereof, shall ever be made contrary to the 
express intention and direction of the donor. 

Sec. 3. Be it further enacted. That said Trustees Duties of 
shall keep a fair record of their proceedings, which 
shall be open to any Committee of the Congregation- 
al Church or Parish in Foxborough ; and they shall 
annually exhibit to said Church and Parish, a correct 
statement of the funds in their possession, and of the 
expenditure of the income thereof, and shall be liable x-iabiiuy, 
individually for any waste or misapplication of said 
Fund, and shall receive no compensation for their 
services, unless the annual income of said fund exceed 
the sum of five hundred dollars. 

Sec. 4. Be it further enacted, That the number of of ?r^wei 
said Trustees shall never be less than five nor more 
than seven, and no person shall be a Trustee, unless 
he be a member of the Congregational Parish in Fox- 
borough ; and whenever any Trustee shall, by age, 
removal or infirmity, be rendered incapable of per- 
47 



35Q BEDFORD PRECINCT. Feb. 16, 1824^ 

forming the duties of his office, the Trustees shall de- 
clare his office vacant, and shall have power to fill all 
vacancies that may happen in their Board. 
saie." Sec. 5. Be it further enacted, That all deeds and 

intruments ! < vjuiring a seal which the Trustees shall 
have lawfully determined to make, shall be sealed 
"with their seal ; and being signed and acknowledged 
b}^ the Treasurer thereof, shal] bind the said Trustees 
and their successors, and be valid in law. 

Sec. 6. Be it further enacted, That Melatiah Ever- 
Meeting ett, Esq. is hereb}' authorized and empowered to is- 
sue his warrant directed to some one of the Trustees 
named in this Act, requiring him to notify the first 
meeiiag of said corporation, to organize the same by 
the establishment of by-laws, and the appointment of 
its officers. 

[Approved by the Governor, February 16th, 1824.3 



CHAP. CVIII. 

An Act to change the name of the "Bedford Precinct" 
in the town of New-Bedford, and to confirm the 
doings of the said Precinct. 

Sec 1. 1>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the satne, Tlmt the name of the 
" Bedford Precinct," in the town of New-Bedford,shall 
cease, and the said Precinct shall forever hereafter 
^. , be called and known by the name of the First Con- 
I'regation.'J. Society, in New-Bedford, any law to the 
contrary notwithstanding ; and nothing in this act 
contained, shall be construed to impair any rights of 
the said corporation ; but the inhabitants and mem- 
bers of said Precinct shall have, enjoy and exercise, 
ffftS' all its powers and piivileges, by the name of the 
First Congregational Society in New^-Bedford, in a& 



Records to be 



EGREMONT TURNPIKE COR. Feb. 16, 1824. 351 

full and ample a manner, as though the name of the 
said Precinct had not been changed. 

Sec. 2. Be it further enacted, That the records of 
the said Bedford Precinct, or otherwise the said First 
Congregational Society, from the ttiird day of Janua- rwordS: 
ry, eighteen hundred and twenty-three, to the third 
day of January, eighteen hundred and twenty-four, 
shall be deemed and taken to be valid and effec- 
tual, to all intents and purposes, as if the said Pre- 
cinct, and the officers thereof, had proceeded accord- 
ing to the laws regulating; their proceedings in this 
behalf, in relation to parish or precinct meetings. 

[Approved by the Governor, February 16th, 1824.] 



CHAP. CIX. 

An Act to allow the Alford and Egremont Turnpike 
Corporation, to alter the location of their road. 

Sec. 1. JjE eV enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the Alford and Egre- 
mont Turnpike Corporation be, and they are hereby J^^^"^^"™^* 
authorized and empowered to make the following al- 
teration in the location of their road, viz : beginning 
at the old sign post at the dwelling house occupied Alteration 
by Daniel Messenger, in Egremont, in the County of '*"'"'^"^° 
Berkshire, thence running south, twenty-one and a 
quarter degrees east, three chains to a stake oppo- 
site the office of C. Leavensworth Esq., thence south 
thirty-two degrees east, one chain and sixty-five links, 
to the south w est corner of an old store, thence south 
forty and an half degrees east, six chains and twenty 
five links to a stake, thence south forty-four and an 
half degrees east, eight chains and sixty-four links to 
a stake, thence south forty-foui' and one quarter de- 
grees east, fifteen chains and fifty-five links to a stake. 



352 FISH IN LINCOLN. Feb. 16, 1824» 

thence south forty-three and three fourth degrees 
east, twenty-four chains and eight hnks to a stake 
and stones, a corner of the Turnpike opposite the 
dwelling house of Nicholas Race, the line aforesaid, 
to be the east line of the road, and the road to be 
four rods wide, except at the place where it passes 
between the dwelling house and horse shed of Daniel 
Messinger, in said Egremont, and the same is hereby 
established a part of said Turnpike road, and all parts 
of said road as now located and established, which 
interfere with the alteration aforesaid, be, and they 
hereby are discontinued. 

Sec. 2. Be it further enacted, That said corpora- 
tion shall be holden to pay all damages which may 
Corporation aHse to auy person by taking his land aforesaid, and 
•'*'''*• when not ascertained by voluntary agreement, to be 
estimated by a committee to be appointed by the 
Court of Sessions for the County of Berkshire, saving 
to either party the right of trial by Jury, according 
to the law which provides for the recovery of dam- 
ages accruing by laying out public highways. 

[Approved by the Governor, February 16th, 1824.] 



CHAP. ex. 

An Act to prevent the destruction of Fish in the 
town of Lincoln. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, it shall not be lawful for any per- 
son to set or use more than one hook at any one 
time, on any of the ponds in the town of Lincoln, in 
the County of Middlesex, between the first day of 
December, and the first day of April annually : and if 
■any person or persons shall after the passing of this act 



INSTRUCTION OF YOUTH. Feb. 16, 1824 3r.3 

be found setting or using morethan one liook,at any one 
time, such person or persons, shall for each hook so 
set or used, after the first, forfeit and pay a sum of 
not less than one dollar, nor more than two dollars. 

Sec. 2. Be it further enacted, That all penalties in-S;^?"*^ 
curred by any breach of this act, may be recovered 
by any person, who shall sue for the same, in any 
Court in said County of Middlesex, proper to try the 
same ; and if any minor or minors, shall offend a- 
gainst the provisions of this act, and shall thereby 
incur any of the penalties aforesaid, the parent, mas- 
ter or guardian, of such minor or minors, shall be 
answerable therefor, in which case the action shall be 
commenced against such parent, master or guardian, 
(as the case may be) of such minor or minors, and 
judgment rendered accordingly: Provided, hoivever,^"'''^'o 
That the inhabitants of the said town of Lincoln may, 
at their meeting in March or April, annually suspend 
in whole or in part, the provisions and restrictions of 
the act aforesaid, for any term of time not exceeding 
one year. 

[Approved by the Governor, February 16th, 1824.] 



CHAP. CXI. 

An Act to alter and amend an act entitled " An Act 
to provide for the Instruction of Youth and for the 
. promotion of good Education." 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That any town in this Com- 
monwealth containing less than five thousand inhabi- 
tants, and now required by law to be provided with 
a school master or with school masters, well instructed 
in the Latin and Greek languages, shall, after the pas- 
sing of this act, if such town shall so elect, at their 
annual meeting in March or April, duly warned for the 



3M S. J. COURT, COUNTY OF ESSEX. Feb. 18, 1824. 

purpose,be provided instead thereof, with a teacher or 
teachers well qualified to instruct youth in Orthogra- 
phy, Reading, Writing, Arithmetic, English Grammar, 
Geography and good behavior, whose qualifications 
shall be certified in like manner as is provided by law 
in the case of public school masters in the Latin and 
Greek languages. 

Sec. 2. Be it further enacted., That any town i'n this 
Commonwealth containing less than five thousand in- 
habitants, is hereby authorized and empowered, if 
Appropriation of such towii shall SO elcct at their annual meeting in 
monies. March or April, duly warned for the purpose, to ap- 
portion the money such town shall raise for the sup- 
port of public schools, to be applied for the support of 
such schools in the several districts in such town, in 
such manner as the town may judge to be best for the 
ProTi.o. instruction of their youth : Provided nevertheless .> 
that no town shall so avail itself of any of the provis- 
ions of this act, as to diminish the term of time of 
public schools which such town is by law how requir- 
ed to maintain. 

Sec. 3. Be it further enacted, That all laws contra- 
ry to the provisions of this act are hereby repealed. 

[Approved by the Governor, February 18th, 1824.] 



CHAP. CXII. 

An Act to alter the time of holding the Spring Term 
of the Supreme Judicial Court for the County of 

Essex. 

Be it enacted by the Senate and House of 
Representatives., in General Court assembled., and by 
the authority of the same., That from and after the 
passing'of this act,the Spring Term of the Supreme Ju- 
dicial Court for the County of Essex, shall be holden at 
Ipswich,within and for said County,on the eighthTues- 



DESTRUCTION OF LAMPS. Feb. 18, 1824. :^53 

day next after the first Tuesday of March annually, in- 
stead of the sixth Tuesday,as now provided b}^ law; and 
that all writs, precepts, recognizances, and processes of 
whatever kind, whether criminal or civil, v, hich are 
or may be returnable to the next term of said Court 
for said Coiinty ; all appeals claimed, or which may, 
before the sitting of said Court in pursuance of this 
act, be claimed from the judgment, order or decree 
of any Court of Common Pleas in said County; and 
all actions, suits, processes, matters and things what- 
soever, which stand continued to ihe next term of said 
Supreme Judicial Court for said count} , shall be en- 
tered, have day, be proceeded in, heard and deter- 
mined at the term established by this act, any law 
now in force to the contrary notwithstanding. 

[Approved by the Governor, February 18th, 1824.] 



CHAP. CXIII 

An Act to prevent the wanton destruction of Lamps. 

Sec, 1. Jt$E it enacted by the Senate and House of 
Representatives in General Court assembled., and by 
the authority of the same., That if any person shall 
willfully and maliciously break, throw down or extin- 
guish any Lamp that is or shall be put up to light any 
Road, Bridge, Street or Passage-wa} , in this Common- 
wealth, or shall wilfully and maliciously damage the 
post, the iron or other furniture of such lamp, he shall, 
upon conviction thereof, forfeit and pay a sum not Penai'y 
less than ten dollars nor more than thirty dollars for 
each lamp so broken or damnified, and the like sum 
for each post or the iron or other furniture so broken 
or damaged, and costs of prosecution. 

Sec. 2. Be it further enacted., That all fines and for- 
feitures accruing under this act shall enure, the one^.^ osaioffi 
moiety thereof to the use of the Commonwealth, an^ 
the other moiety to the use of the person w ho shall 
prosecute for the same. 

[Approved by the Governor, February 18th, 1824.] 



356 BAP. SOCIETY IN METHUEN. Feb. 18, 1824. 

CHAP. CXIV. 

An Act to incorporate the first Baptist Society in 

Methuen. 

Sec- 1. JlJe zV enacted by the Senate and House of 
Representatives, in General Court assembled, and by 

\ie,i. "■ the authority of the same. That George W. Wilson, 
Stephen Barker, Ebenezer Whittier, William Rich- 
ardson, Matthew Messer, William Whittier, Lewis 
Gage, Joseph F. Kimball, Thomas Thaxter, Abraham 
Tilton, Ebenezer Whitmarsh, Ebenezer Carlton, Jr. 
John Watson, John Pecker, Jr. Benjamin F. Bodwell, 
Samuel Parker, Joseph W. Carlton, Daniel Frye, 
Jonathan Merrill, vStephen Gage, Michael Gage, Jon- 
athan Swan, Richard Whittier, James Fry, Jr. Simon 
Hibberd, Samuel Richardson, Jr. Jonathan Merrill, 2d, 
William Richardson, 2d, Cyrus Robinson, Jeremy B. 
Parker, John A. Bodwell, George A. Waldo, Christo- 
pher Messer, Alpheus Bodwell, Philip How, Theodore 
Parker, David Clark, John L. Bodwell, Benjamin Wil- 
son, Jacob Messer, Stephen Messer,and Thomas How, 
with their associates and successors, whether inhabi- 
tants of said town of Methuen, or of the adjacent towns 
within this Commonwealth, be, and they hereby are in- 
corporatedjfor religious purposes only,into a society ,b>- 
the name of the first Baptist Society in Methuen, with 
all the powers, privileges and immunities to which other 
religious societies are entitled by the constitution and 
laws of this Commonwealth. And said incorporation 

may hold Estate..^ hcrcby authoHzed and empowered to take, pur- 
chase, and hold all real and personal estate necessary 
and convenient for the purposes aforesaid ; provided 
the annual income of such real estate of said incorpo- 
ration, exclusive of the meeting house, and the land 
imder the same, shall not exceed seven hundred dol- 
lars. 

Sec. 2. Be it further enacted. That said Society shall 

have power to elect all necessary officers, and to or- 

Kawi?"* der and establish such regulations, rules aiid by-laws 



JOHN BRONSON AND L. HAUE. Feb. 16, 1824 35' 

for their government, and for the management of 
their property and concerns as they may see fit ; pro- 
vided the same are not repugnant to the constitution 
and laws of this CommoRAvealth. 

Sec. 3. Be it further enacted^ That any Justice of 
the Peace, for the County of Essex, upon appHcation 
therefor, of any five of the members of said society, 
in writing, is hereby empowered to issue his warrant, 
directed to one of the members of said society apply- 
ing therefor, requiring him to notify and warn the 
miembers of said society to meet, at such time andMeefm* 
place as shall be appointed in said warrant, to organ- 
ize the said society by the appointment of its officers, 
and to transact such other business as may be found 
necessary at such meeting, the purport of which hav- 
ing been previously inserted in the warrant for calling 
the same. 

[Approved by the Governor, February 18th, 1824.] 



CHAP. CXV. 

An Act to annex the estates of John Bronson and 
Levi Hare to the Town of Egremont 

X>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That so much of the real 
estate of John Bronson and Levi Hare, as lies in the 
Town of Sheffield in the County of Berkshire,be set off 
from said Town of Sheffield and annexed to the town 
of Egremont : Provided, that the said Bronson ami 
Hare shall pay all taxes assessed upon them respec- 
tively, in the said town of Sheffield before the passing 
of this act. 

[Approved by the Governor, February 16th, 1824-1 
48 



358 



?enons 
iucorporate 



MECHAN. AND TRAD. BANK. Feb. 19, 1824 

CHAP. CXV. 

An Act to incorporate the President, Directors and" 
Company of the Mechanics' and Traders' Bank. 

Sec. 1. J3E z7 enacted by the Senate and Hotise of 
Representatives in General Court assembled, and by 
the authority of the same, That Charles Ewer, Wil- 
liam Parker, John Rayner, Abner Phelps, Timothy 
Bedlington, Thomas Gaffield, and Lawson Valentine, 
their associates, succeessors and assigns, shall be, and 
hereby are created a Corporation by the name of the 
President Directors and Company of the Mechanics' 
and Traders' Bank, and shall so continue from the 
third Wednesday of April, and until the first Monday 
of October, which will be in the year of our Lord 
one thousand eight hundred and thirty-one, and the 
said Corporation shall always be subject to the rules, 
restrictions, limitations, taxes, and provisions, and be 
'^priJneg"' *"^ entitled to the same rights, privileges and immunities 
which are contained in an act, entitled " An act, to 
incorporate the President, Directors and Company of 
the State Bank," except so far as the same are modi- 
fied or altered by this act, as fully and effectuallj^ as 
if the several Sections of said act, were herein spe- 
cially recited and enacted : Provided hoivever, That 
the amount of Bills issued from said Bank at any 
one time, shall not exceed fifty per centum, beyond 
the amount of the Capital Stock, actually paid in. 

Sec. 2, Be it further enacted, That the Capital 
Stock of said Corporation shall consist of the sum of 
five hundred thousand dollars in gold and silver, to 
be, besides such part as this Commonwealth may 
subscribe in manner herein after mentioned, divided 
into shares, of one hundred dollars each, which shall 
be paid in manner following, that is to say, one fourth 
parr thereof on or before the first day of August next, 
one fourth part thereof on or before the first day of 
October next ; one fourth part thereof on or before the 
first dav of December next, and the residue on or be- 



ProvUo. 



Ctpital Stock. 



P«yment of 
•barei. 



xME€HAN. AND TRAD. BANK. Feb. 19, 1824. 3r>9 

fore the first day of February next ; and no dividend "'"^^"''' 
shall be declared on the Capital Stock of said Bank, 
until the whole of said Stock shall have been paid in, 
conformably to the provisions of this act. And the 
Stockholders at their first meeting shall by a majority ^rangferot 
of votes determine the mode of transferring and disr- s""^*" 
posing of said Stock, and the profits thereof, which 
being entered on the books of said Corporation shall 
be binding on the Stockholders, their successors and 
assigns until they shall otherwise determine. And 
the said Corporation are hereby made capable in law 
to have, hold, purchase, receive, possess, eniov, and 

,.',, *,,. ^1 . •''\t May hold fiitate 

retam to them, their successors and assigns, lands, 
tenements, and hereditaments to the amount of fifty 
thousand dollars, and no more at any one time, with 
power to bargain, sell, dispose and convey the same 
by deed, under the seal of said Corporation, and sign- 
ed by the President or two of the Directors ; and 
to loan and negotiate their monies and effects by dis- 
counting on banking principles on such security as p^.^^;^, 
they may think advisable : Promded however, that 
nothing herein contained shall restrain or prevent 
said corporation from taking and holding real estate 
in mortgage, or on execution^ to any amount as secu- 
rity for, or in payment of any debts due to the said 
Corporation : ^^nd provided further, That no monies ^""'"°* 
shall be loaned, or discounts made, nor shall any bills ^^ ^^ ^ 
or promissory notes be issued from said Bank, until 
the capital subscribed and actually paid in, and exis- 
ting in gold and silver, in their vaults, shall amount 
to one hundred and twenty-five thousand dollars, nor 
until said Capital Stock, actually in said vaults shall 
have been inspected and examined by three Com- 
missioners to be appointed by the Governor for that "^Mrif""""" 
purpose, whose duty it shall be at the expense of the 
Corporation to examine the monies actually existing 
in said vaults, and to ascertain by the oath of the Di- 
rectors of said Bank, or a majority of them that said 
Capital Stock hath been bona-iide, paid in by the 
Stockholders of said Bank, and towards the payment 
of their respective shares, and not for any other pur- 



360 MECHAiV. AND TRAD. BANK. Feb, 19, 1824, 

pose ; and that it is intended therein to remain as a 
part of said capital, and to iteturn a certificate thereof. 
'^°»^,'jtoftock.to the Governor. And no Stockholder shall be al- 
lowed to borrow money at said Bank, until he shall 
have paid in his proportion of the said Capital Stock, 
as herein before provided and requiredo 

Sec. 3. Be it further enacted^ That the said Bank 
shall be established, and kept in Boston. 

Sec 4, Be it further cfiacted, That whenever the 
^sute!"""^ Legislature shall require it, the said corporation shall 
loan to the Commonwealth, any sum of money which 
shall be required, not exceeding ten per centum of 
the capital Stock actually paid in, at any time, reim- 
bursable by five annual instalments, or any shorter 
time at the election of the Commonwealth, with an- 
nual payment of interest at a rate not exceeding five 
per centum per annum : Provided however, That the 
Commonwealth shall never stand indebted to said 
corporation, without their consent for a larger sujn 
than twenty per centum of their capital paid in. 

Sec. 5. Be it further enacted, That the persons 
herein before named, or any three of them are ^u- 
caii of Meeting. ^|jpj,j2g(j ^q (.^\\ ^ meeting of the members and Stock- 
holders of said Corporation, as soon as may be, at such 
time and place as they may see fit to appoint, by ad- 
vertising the same in any two of the Newspapers 
printed in Boston, for the purpose of making, ordain- 
ing and establishing such by-laws and regulations for 
the orderly conducting the affairs of said Corporation, 
as the Stockholders shall deem necessary, and the 
choice of the first Board of Directors, and such other 
officers, as they shall see fit to choose. 

Sec. 6. Be it further enacted, That the Common- 
pight of Slate, wealth shall have a right whenever the Legislature 
tohoidstock-gy^g^lj j^g^jj^g provision therefor, by law, to subscribe 
on account of the Commonwealth, a sum not exceed- 
ing two hundred and fift}^ thousand dollars, to be ad- 
ded to the capital Stock of said corporation, subject 
to such rules, regulations, and provisions as to the 
management thereof, as shall be by the Legislature 
made and established. 



MEGHAN. AND TRAD. BANK. Feb. 19, 182 1. :5(i i 

Sec. 7. Be it further enacted. That whenever the'''|J|,;\'nfCc': 
Commonwealth shall subscribe to the Capital Stock *"" 
of said Corporation, in manner herein before provided 
for, in addition to the Directors by law to be chosen 
by the Stockholders, the Legislature shall have a 
right from time to appoint a number of Directors to 
said Bank, in proportion as the sum paid from the 
Treasury of the Commonwealth, shall be to the whole 
amount of Stock actually paid into said Bank,if at any 
time hereafter they shall see fit to exercise that 
right. 

Sec. 8. Beit further enacted. That the Cashier, be- ^"°'' of C'»«''^«- 
fore he enters upon the duties of his office, shall give 
bond v/ith sureties to the satisfaction of the Board of 
Directors in a sum not less than fifty thousand dollars, 
with conditions for the faithful discharge of his office. 

Sec. 9. Be it further enacted. That the said Corpo- 
ration, from and after the first day of October next 
shall pay by way of tax to the Treasurer of this Com- state Tax^. 
monwealth for the use of the same, within ten days 
after the first Monday of October and April annually, 
the half of one per centum on the amount of Stock 
which shall have been actually paid in. 

Seg. 10. Be it further enacted. That the said Corpo- 
ration shall be liable to pay any bona fide holder the 
original amount of any note of said Bank counterfeited Altered Notf, 
or altered in the course of its circulation to a larger 
amount, notwithstanding such alteration. And that 
the said Corporation shall not at any place whatever, 
directly or indirectly purchase, receive, pay or ex- 
change, any bill or note of said Bank for any less sum 
than the nominal value expressed in such bill or note. 

Sec. 1L Be it further enacted. The Capital Stock 
of the said Bank shall not be sold or transferred, but 
shall be holden by the original subscribers thereto, 
for and during the period of one year, from the time of 
passing of this act, and in case the same shall not be 
put into operation according to the provisions thereof, 
within the year aforesaid, it shall be void. 

[Approved by the Governor, February 19th, 1824.] 



J62 



Persons 
incorporated. 



Town votes con. 
firmed. 



Meeting. 



CON. PARISH IN TOPSFIELD. Feb.l9, 1B24 

CHAP. CXVI. 

An Act to incorporate the Congregational Parish 
in Topsfield. 

Sec. 1. JlJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same^ That all the Inhabitants of 
the Town of Topsfield with all the lands in said town, 
(except such inhabitants and such lands, as do belong 
to some other Parish or Religious Society, or are ex- 
empt by law from Parish charges in said town of 
Topsfield), be, and the}^ are hereby incorporated into 
a parish by the name of the Congregational Parish 
in Topsfield, subject to all the duties and vested with 
all the rights and privileges to Avhich Parishes are by 
law entitled. 

Sec. 2. Be it further enacted^ That the votes and 
proceedings of the said town of Topsfield relative to 
Parish business are hereby confirmed and made valid 
to all intents and purposes And the said Congrega- 
tional Parish shall be deemed and taken to be success 
sors to tlie said town of Topsfield, as far as relates to 
parochial proceedings, rights and privileges, and sub- 
ject to all contracts of a parochial nature which may 
have been made by said town : Provided hoioevery 
That nothing herein contained, shall take from any 
persons inhabitants of said Topsfield, not included in 
this act, any legal rights or property they now possess. 

Sec. 3. Be it further enacted, That the first meet- 
ing of said Parish shall be convened by a warrant to be 
issued by any Justice of the peace in the County of 
Essex, directed to any member of said Parish requir- 
ing him to warn the members of said Parish to meet 
at a suitable time and place to be appointed in said 
warrant. 



[Approved by the Governor, February 19th, 1824.] 



ADMEAS. OF SALT AND GRAIN. Feb. 20, 1824. 363 

CHAP. CXVII. 

An Act for preventing fraud in the admeasurement of 
Salt and Grain. 

JcJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That all measures, by which 
Salt or Grain shall be sold, in addition to being con- 
formable, as to capacity and breadth, to the public 
allowed Standards established by law, shall have a 
bar of iron across the centre thereof, at the top, to be 
approved by a Sealer of Weights and Measures ; and^MeaTuri?"*** 
a bar or standard of like metal, from the centre of the 
afore mentioned bar to the centre of the bottom of 
the measure, to be in like manner approved; and all 
such measures shall be filled by shovelling such salt 
or grain into the same ; and the striking thereof shall 
always be lengthwise of said bar. And if any person 
shall sell, or expose to sale, an}' salt or grain in any 
other measure, or shall fill or strike such measure in 
any other manner than is herein provided, such per- 
son shall forfeit and pay fifty cents for every bushel Penalty 
of salt or grain, measured, filled, or stricken contrary 
to the provisions of this act ; to be recovered by ac- 
tion of the case, or by complaint, with costs, before 
any Court of competent jurisdiction: Provided how- ^toyuo 
ever, That salt may be measured from vessels in such 
measures as are used by the government of the Uni- 
ted States, and that nothing in this act shall prevent ^ 
the measuring of salt in tubs, or any proportional 
parts of hogsheads, without bars, as may be agreed by 
the City Council of any city or by any Town Meet- 
ing legally held: ^nd provided always, that nothing 
in this act shall be deemed to have effect or operation 
in any town or city, except such as at a legal meeting 
of the inhabitants of such town, or of the City Couii^ 
cil of such city, shall declare that the same shall have 
effect and operation therein ; nor until one month af- 



364 SERVING OF WRITS. Feb. 20, 1824, 

ter such declaration shall have been published in some 
newspaper printed in such tov/n or city, or its vicini- 
ty, where no new^spaper is printed therein. 

[Approved by the Governor, February 20th, 1824.] 



CHAP, cxvni. 

An Act making further provision for the Service of 
Writs and Setting off JudgmentSo 

Sec. 1. xJE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same. That when a suit shall be 
brought against an inhabitant or inhabitants of this 
Commonwealth, by a person or persons not an inhab- 
itant or inhabitants thereof or resident therein, nor 
having any property in the same to be attached, such 

3u.t may be made psii'ty defendant, pending said suit, may commence 

against Plaintiff. 2ijjy g^j^ against the person or persons, plaintiffs as 
aforesaid, in any court proper to try the same ; and 
the service thereof by the proper officer, by delivering 
a summons, or copy of the process to the Agent or 

-^ode of process Attomcy of Rccord of such party not resident as 
aforesiad, or by leaving the same at the last and usual 
place of abode of such Agent or Attorney, shall be 
good and valid in law, to all intents and purposes 
whatsoever. 

Sec. 2. Be it further enacted, That when each of 
the parties aforesaid shall have obtained judgment 
against the other, upon the application of either party 
to the Court which rendered such judgment against 
him or them, the said court is authorized and direct- 

Process of Court, ed to offsct thc Said judgment (excepting the taxa- 
ble costs) against each other, and to cancel them so 
far as to leave only the balance of the largest judg- 
ment to be executed. 

[Approved by the Governor, February 20th, 1 824.] 



AMERICAN BANK. Feb, 20, 1824. 365 

CHAP. CXIX. 

An Act to incorporate the President, Directors and 
Company of the American Bank. 

Sec. 1. UE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Ralph Huntington, pg,3„„, i„^,. ^ 
Sherman Leland, Joseph B. Henshaw, Samuel D. ''*'^''- 
Harris, Charles F. Kupfer, Elijah D. Harris, Samuel 
F. Coolidge and William Whitney, their associates, 
successors and assigns, shall be and hereby are crea- 
ted a Corporation, by the name of the President, 
Directors and Company of the American Bank, and 
shall so continue from the third Wednesday in April 
next, until the first Monday of Octobei:, which will ^ ' 
be in the year of our Lord one thousand eight hun- 
dred and thirty-one ; and the said corporation shall 
be always subject to the rules, restrictions, limita- Restrictions and 
tions, taxes and provisions, and be entitled to the^"^"'^^^" 
same privileges and immunities, which are contained 
in an act, entitled " an act to incorporate the Presi- 
dent, Directors and Company of the State Bank,"ex- 
cept in so far as the same are modified or altered by 
this act, as fully and effectually as if the several sec- 
tions of said act were herein specially recited and en- 
acted : Provided however. That the amount of bills ^™'"'**' . 
issued from said bank at any one time, shall not ex- 
ceed fifty percentum beyond the amount of the cap- 
ital stock actually paid in. 

Sec. 2. Be it further enacted, That the Capital 
Stock of said Corporation shall consist of the sum of c*?"*' "o* 
five hundred thousand dollars in gold or silver, to be, 
besides such part as the Commonwealth may sub- 
scribe in manner herein after mentioned, divided into 
shares of one hundred dollars each, which shall he^^K^!"^"^ 
paid in manner following, that is to say, one fourth 
part thereof, on or before the fourth day of May 
next, one fourth part thereof on or before the first 
day of August next, one fourth part thereof on or be- 
49 



366 AMERICAN BANK. Feb. 20, 1824. 

fore the first day of November next, and the residue 
on or before the first day of February next, and no 
dividend shall be declared on the Capital Stock of 
said bank until the whole of the said Stock shall have 
been paid in, conformably to the provisions of this 
act ; and the Stockholders at their first meeting shall, 
by a majorit}' of votes, determine the mode of trans- 

TraDjferof rtoekferj-ijig and disposing of said Stock and the profits 
thereof, which being entered on the books of said 
Corporation, shall be binding on the Stockholders, 
their successors and assigns, until they shall other- 
wise determine ; and the said Corporation are hereby 

May hold eitate. made Capable in law, to have, hold, purchase, receive, 
possess, enjoy and retain to them, their successors 
and assigns, lands, tenements and hereditaments, to 
the amount of fifty thousand dollars, and no more at 
any one time, with the power to bargain, sell, dispose 
and convey the same by deed under the seal of said 
Corporation, and signed by the President and two of 
Loans |.|^g Directors, and to loan and negotiate their monies 
and effects by discounting on banking principles, on 
such security as they may think advisable : Provided 
Pronw. however. That nothing herein contained shall re- 
strain or prevent said Corporation from taking and 
holding real estate in mortgage or on execution, to 
any amount, as security for, or in payment of any 
debts due to the said Corporation : And provided fur- 
ther, That no monies shall be loaned or discounts 

iiueo notei. jjj^de, uor shall any bills or promissory notes be 
issued from said bank, until the capital subscribed 
and actually paid in, and existing in gold and silver in 
their vaults, shall amount to one hundred and twenty 
five thousand dollars; nor until said capital stock act- 
pmieiof ually in said vaults * shall have been inspected, and 

ComcDiisionen. ■111 g~y • • 1 -i 

examined by three Commissioners to be appointed 
by the Governor for that purpose, whose duty it shall 
be, at the expense of the Corporation, to examine the 
monies actually existing in said vaults, and to ascer- 
tain by the oath of the Directors, of said bank, or a 
majority of them, that said Capital Stock hath been 
bona-fidle paid in by the Stockholders of said bank, 
and towards payment of their respective shares, and 



AMERICAN BANK. 



Feb. 20, 1824. 



367 



Loam to 
Stockholder}. 



not for any other purpose ; and that it is intended 
therein to remain as a part of said capital, and to re- 
turn a certificate thereof to the Governor. And no 
Stockhokier shall be allowed to borrow any money at 
said Bank until he shall have paid in his full propor- 
tion of the whole of said Capital Stock, as herein be- 
fore provided and required. 

Sec. 3. Be it further enacted^ That the said bank 
shall be established and kept in Boston. 

Sec. 4. Be it further enacted, That whenever the 
Legislature sliall require it, the said Corporation shall Loaoitothe 
loan to the Commonwealth any sum of money which 
shall be required, not exceeding ten per centum of 
the Capital Stock actually paid in at any onetimc,re- 
imbursable by five annual instalments, or any shorter 
time, at the election of the Commonwealth, with the 
annual payment of interest, at a rate not exceeding 
five per centum per annum : Provided however, That 
the Commonwealth shall not stand indebted to the 
said Corporation without their consent for a larger 
sum than tv» enty per centum of their Capital Stock 
then paid m. 

Sec 5. Be it further etiacted, That the persons 
herein before named, or any three of them, are au- 
thorized to call a meeting of the members and Stock- ^*"<»*"'**««*''^ 
holders of said Corporation as soon as may be, and at 
such time and place as they may see fit to appoint, 
by advertising the same in any two of the newspa- 
pers printed in Boston, for the purpose of making, 
ordaining and establishing such by-laws and regula- 
tions for the orderly conducting the affairs of said , 
Corporation, as the Stockholders shall deem necessa- 
ry, and the choice of the first Board of Directors and 
of such other officers as they shall see fit to choose. 

Sec. 6. Be it further enacted, That the Common- Rightofsnte 

iiini ' 1 1 IT • 1 A^ to hold ttocfc, 

wealth shall have a right when ever the Legislature 
shall make provision therefor by law, to subscribe on 
account of the Commonwealth, a sum not exceeding 
two hundred and fifty thousand dollars, to be added 
to the Capital Stock of said Corporation, subject to 
such rules, regulations, and provisions, as to the 



368 AMERICAN BANK. Feb. 20, 1824.. 

management thereof as shall be by the Legislature 
made and established. 

a^pp'o*iLSctor° Sec. 7. Be it further enacted, That whenever the 
Commonwealth shall subscribe to the capital Stock 
of said Corporation in manner herein before provided 
for, in addition to the Directors by law to be chosen 
by the Stockholders, the Legislature shall have a 
right from time to time to appoint a number of Di- 
rectors to said Bank, in proportion as the sum paid 
from the Treasury of the Commonwealth, shall be to 
the whole amount of Stock actually paid into said 
Bank, if at any time hereafter they shall see fit to ex- 
ercise that right. 

BondofcaAier. s^c. 8. Be U furtkcr enacted, That the Cashier 
before he enters on the duties of his office, shall give 
bond with sureties to the satisfaction of the Board of 
Directors in a sum not less than fifty thousand dol- 
lars, with conditions for the faithful discharge of his 
office. 
State Tax. ggc. 9. Be it furtlwr enacted, That the said Cor- 
poration from and after the first day of October next, 
shall pay by way of tax to the Treasurer of this Com- 
monwealth, for the use of the same, within ten days 
after the first Monday of October, and April, annual- 
ly, the half of one per centum on the amount of Stock 
which shall have actually been paid. 
Altered Note.. Sec. 10. Be it furthcr enacted. That the said Cor- 
poration shall be liable to pay to any bona fide holder 
the original amount of any note of said Bank, counter- 
feited or altered in the course of its circulation to a 
larger amount, notwithstanding such alteration. 

Sec. 1 1. Be it further enacted, That the Capital 
Stock of said Bank shall not be sold or transferred, 
but shall be holden by the original subscribers there- 
to for and during the period of one year from the time 
of passing this act ; and in case the same shall not be 
put into operation according to the provisions thereof 
within the year aforesaid, it shall be void. 

[Approved by the Governor, February 20th, 1824.] 



GORE OF LAND IN BRIDGWA. Feb. 20, 1824. 369 

CHAP. CXX. 

An Act to set off a Gore of Land from Bridgewater 
to Halifax. 

13 E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That a Gore of Land lying 
within the corporate bounds of the town of Bridge- 
water, according to the following described line, be, 
and hereby is set off from the town of Bridgewater, 
and annexed to the town of Halifax, according to the 
mutual consent and agreement of the said towns, viz : 
Beginning at a stake standing on the west side of the 
road, which is a corner of said towns, where was for- 
merly an Oak Tree, and to extend easterly across 
said Gore, in the same direction as the line runs from 
Bridgewater river to the aforesaid stake, in the laying 
out of the town of Halifax, until it strikes the line of 
Bridgewater and Halifax ; and the said land, with all 
the buildings and the inhabitants living thereon, or 
who may hereafter live thereon, shall be considered 
a part of the said town of Halifax, as fully and com- 
pletely as if it had been originally incorporated 
therewith. 

[Approved by the Governor, February 20th, 1824.] 



CHAP. CXXI. 

An Act in addition to an Act, entitled " An Act pro- 
viding for the appointment of Inspectors, and reg- 
ulating the manufacture of Gunpowder." 

Sec. 1. 13E it enacted by the Senate and House oj 
Representatives in General Court assembled, and by 
the authority of the same, That all Gunpowder man- 



370 INSPECTORS OF GUNPOWDER. Feb. 20, 1824 

ufactured in this Commonwealth shall be put into 
strong and tight casks, containing twenty -five pounds, 
fifty pounds, or one hundred pounds each. 

Sec. 2. Be it further enacted., That all Gunpowder, 
which shall be manufactured within this Common- 
wealth or which shall be brought into the same by 
land or by water and landed, shall be marked on the 
Manufacturer ^^^^ of thc casli wlth black paint in legible charac- 
amiqnantity in ters, with tlie name of the manufacturer, the weight 

in Cask. I • i • i i 

01 the cask, and the year in which the same was 
manufactured. 

Sec. 3. Be it further enacted^ That if any person 
or persons shall knowingly mark any cask of Gun- 
powder with the name of any person other than the 
manufacturer of the same, or shall knowingly change 
an}^ Gunpowder from any cask or casks marked with 
the name of one manufacturer into any cask or casks 
marked with the name of any other manufacturer, 
every such person or persons so offending shall for- 
Penalty. f^j^ ^^j^^ p^^, ^^j, cvery such offence, not less than five 
nor more than twent}^' dollars, to be recovered in an 
action on the case in any Court of competent juris- 
diction to try the same, one half to the use of the 
Commonwealth, and the other half to the use of the 
person or persons who shall sue for and recover the 
same. 

Sec. 4. Be it further enacted., That all laws here- 
tofore made respecting the inspection of Gimpowder 
in this Commonwealth, be, and the same hereby are 
repealed. 

[Approved by the Governor, February 20th, 1824.] 



HAWKERS AND PEDLARS. Feb. 20, 1824. .371 

CHAP. CXXII. 

An Act in addition to an Act, entited " An Act, con- 
cerning Hawkers, Pedlars and Petty Chapmen." 

Sec 1. a5E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the aiithotity of the same,That all articles of Glass Ware 
be added to the list of excepted articles in the provi- 
so, contained in the first Section of the Act aforesaid. 
Sec. 2. Be it further enacted, That this Act shall 
be in force from and after the first day of June next. 

[Approved by the Governor, February 20th, 1824.] 

CHAP. CXXIII. 

An Act to incorporate Charles Grinnell and others 
as Proprietors of the Purchase-Street School- 
House, in New-Bedford. 

X>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Abraham Barker, Wil- 
liam Beetle, Ichabod Clap, Charles Grinnell, Roger 
Haskell, Benjamin Hill, Manasseh Kempton, Elisha 
W. Kempton, Ephraim Kempton, Thomas Kempton, 
John Avery Parker, and Jireh Peny, together with 
the present owners and proprietors, and such others 
as may hereafter associate and become proprietors in 
the said School-house, their heirs, successors and as- 
signs, be, and they are hereby made and declared to 
be a Corp oration, by the name of the Proprietors of the 
Purchase-Street School-house, and they, their heirs, 
successors and assigns are hereby vested with all the 
powers and privileges usually given and exercised 
by other corporations of a like nature and purpose. 

[Approved by the Governor, February 20th. 1824.] 



372 WOR. MUT. FIRE INSUR. COM. Feb. 20, 1844 

CHAP. CXXIV. 

An Act in addition to an act incorporating the Wor- 
cester Mutual Fire Insurance Company. 

Sec. 1. aJE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the said Corporation 
of the Worcester Mutual Fire Insurance Company 

Powers granted, be, aud hereby is authorized to insure Household Fur- 
niture in any mansion-house or other building within 
the County of Worcester, against damage arising to 
the same by fire, upon hke terms and conditions, and 
under the samt; limitations and restrictions as are pro- 
vided in the act to wliich this is in addition, in rela- 
tion to insurance against damage by fire in any man- 
sion-house or other building within the said County. 
Sec. 2. Be it further enacted, That whenever the 
said Corporation shall make insurance upon any raan- 

jopdition,of Id- siou-housB or other building, the said mansion-house or 
sumnce. other buildiug insured, together with the land under the 
same, shall be held by the said Corporation as securi- 
ty for the sum of the deposit money required to be 
paid, or secured upon such insurance, together with 
such assessment or assessments, as the member of 
the said Corporation thus insured shall be liable to 
pay, pursuant to the provisions of the act to which 
this is in addition; and the policy of insurance to any 
member upon his said mansion-house or other build- 
ing, shall of itself, from the time it issues, create a 

Lien on property lien upou such mansion-housc or other building and 
the land under the same, to the amount of the sum of 
such deposit money, and any assessment or assess- 
ments, which may be made upon the insured as a 
member of said Corporation, and the costs which may 
accrue in collecting the same, without any other act 
or ceremony in law whatsoever. And said lien shall 
continue and be in force upon said mansiOn-house, or 
other building insured with the land under the same 
for the security to the said Corporation, of the pay- 



VVOR, MUX. FIRE INSUR. COM. Feb, 20, 1824. .373 

ment of said deposit money and the assessment or 
assessments upon the member so insured with costs, 
until the said deposit money with the sum or sums 
of said assessments shall be paid or otherwise satisfi- 
ed to, or released by said Corporation, notwithstand- 
ing any transfer or alienation thereof: Provided nev-v,oym. 
erfheless, that nothing herein contained shall restrict 
said Corporation from receiving any other security 
in lieu of said lien for said deposit and assessments, 
upon which their authorized agents and the insured 
may agree : And jyrovided also, that in all cases where 
the said Corporation rely upon the security of the 
lien created by the Policy, it shall be expressed in 
said policy that the insurance is made upon the said 
mansion-house or otiier building insured, subject to 
the lien created by law. 

Sec. 2. Be it further enacted, That if any member 
of said Corporation, who shall obtain insurance of his 
mansion-house or other building subject to the lien 
aforesaid, or in case of his decease, his legal represen-^'^^^l,'|y,°^™«n» 
tatives shall neglect for the space of thirty days next 
after demand made by the authorized agent or agents 
of said Corporation (which demand may be in such 
manner as said Corporation shall in their by-laws 
direct) to pay the sum of the deposit money upon 
the insurance of his mansion-house, or other building, 
or any assessment or assessments made upon him as a 
member of said Corporation pursuant to the provisions 
of the act to which this is in addition, he shall be liable 
to the suit of the Corporation therefor, in an action of 
the case, in any Court of competent jurisdiction. 
And the said Corporation having obtained judgment 
and execution for the amount of such deposit money, 
assessment or assessments, may at their election cause 
the said execution to be levied upon the said mansion- Levy ofeiecution. 
house, or other building insured with the land under 
the same, and the officer having said execution, shall 
proceed to satisfy the same by the sale and convey- 
ance of said mansion-house or other building with the 
land under the same, in the same manner, and after 
the like previous advertisement and notice as is pro- 
50 



374 TOWN OF CHARLESTOWN. Feb. 20, 1824. 

vided by law when the right of redeeming real estate 
is sold, which has been conveyed in mortgage, saving 
to the owner or owners of such mansion-house, or 
other building with the land under the same, the right 

n u. r» ^ of redemption, at any time within one year from the 

*'««»• time or sale, by paymg the purchaser or any under 

him, the sum for which it was sold, and interest at the 

rate of twelve per centum, deducting therefrom the 

rents and profits over and above the necessary re- 

provisc. pairs : Provided however, that in case of the aliena- 

tion and transfer by deed of record of, any mansion- 
house or other building insured, with the land under 
the same, previous to the levy of said execution, no- 
tice of the intended sale shall be given by the officer to 
the owner thereof, or his tenant in possession instead 

Proceed* of sale, of the debtor in said execution; and the excess of 
money, if any shall arise from any sale as aforesaid, 
beyond satisfying the debt, costs and necessary inter- 
vening charges, shall be returned by the officer to 
the debtor in the execution, or in case of an aliena- 
tion by him as aforesaid to the owner thereof at the 
time of the levy of said execution. 

[Approved by the Governor, February 20th, 1824.] 



CHAP. CXXV. 

An Act repealing all acts imposing restrictions on the 
erection of buildings in the Town of Charlestown. 

Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authonty of the same, That an Act entitled " An 
Act for the better security of the Town of Charles- 
town against fire," passed February the fifteenth, in 
the year of our Lord, one thousand eight hundred and 
ten, and all subsequent additions to said act, be and 
the same are hereby repealed. 

[Approved by the Governor, February 20th, 1824.] 



COMMONWEALTH BANK. Feb. 20, 1824. .375 

CHAP. CXXVL 

An Act to incorporate the President, Directors and 
Company of the Commonwealth Bank. 

Sec. 1. x5E it enacted by the Senate and House o^' 
Representatives, in General Court assembled, and by 
the authority of the same, That Andrew Dunlap, Johnp^^^^^^ .^^ 
K. Simpson, Hall J. How, John Henshaw, Jonathan "^"^d. 
P. Stearns, Russell Jarvis, their associates, successors 
and assigns, shall be and hereby are created a Corpo- 
ration, by the name of the President, Directors and 
Company of the Commonwealth Bank, and shall 
so continue from the second Monday in March 
next, until the first Monday of October, which will 
be in the year of our Lord one thousand eight hun- 
dred and thirty-one ; and the said Corporation shall 
always be subject to the rules, restrictions, limita- 
tions, taxes and provisions, and be entitled to the same Restrictions ana 
rights, privileges and immunities, which are contained ^""'^^"' 
in an act, entitled " an act to incorporate the Presi- 
dent, Directors and Company of the State Bank,"ex- 
cept in so far as the same are modified or altered by 
this act, as fully and efFectuall}^ as if the several sec- 
tions of said act were herein specially recited and en- 
acted : Provided however, That the amount of bills 
issued from said bank at any one time, shall not ex-^""""' 
ceed fifty per centum beyond the amount of the cap- 
ital stock actually paid in. 

Sec. 2. Be it further enacted. That the Capital 
Stock of said Corporation shall consist of the sum of 
five hundred thousand dollars in gold or silver, to be, cap>««» »»<>«'«' 
besides such part as this Commonwealth may sub- 
scribe in manner herein after mentioned, divided into 
shares of one hundred dollars each, which shall be 
paid in manner following, that is to say, one fourth s^wS!"*"^ 
part thereof, on or before the first day of May 
next, one fourth part thereof on or before the first 
day of August next, one fourth part thereof on or be- 



376 COMMONWEALTH BANK. Feb. 20, 1824. 

fore the first day of November next, and the residue - 
on or before the first day of February next, and no 
dividend shall be declared on the Capital Stock of 
said bank until the whole of said Stock shall^ have 
been paid in, conformably to the provisions of this 
act ; and the Stockholders at their first meeting shall, 
by a majorit}^ of votes, determine the mode of trans- 

Transfer of stock fgri-ing aud disposing of said Stock and the profits 
thereof, which being entered in the books of said 
Corporation, shall be binding on the Stockholders, 
their successors and assigns, umil they shall other- 
wise determine ; and the said Corporation are hereby 

May hold Mute. made capable in law, to have, hold, purchase, receive, 
possess, enjoy and retain to them, their successors 
and assigns, lands, tenements and hereditaments, to 
the amount of fifty thousand dollars, and no more at 
any one time, with power to bargain, sell, dispose 
and convey the same by deed under the seal of said 
Corporation, and signed by the President or two 
Loans. Directors, and to loan and negotiate their monies 
' and effects by discounting on banking principles, on 

such security as they may think advisable : Provided 
Proviso. JiQ^ever, That nothing herein contained shall re- 
strain or prevent said Corporation from taking and 
holding real estate in mortgage or on execution, to 
any amount, as security for, or in payment of any 
debts due to the said Corporation : ^nd providedfur- 
ther, That no monies shall be loaned or discounts 

issueofnotet. j^j^^^j^^ ^qj. gj^^ll auy biUs or promissory notes be 
issued from said bank, until the capital subscribed 
and actually paid in, and existing in gold and silver in 
their vaults, shall amount to one hundred and twenty 
five thousand dollars; nor until said Capital Stock act- 
umiesof ually in said vaults shall have been inspected, and 

Commissioners. .ii,! /-^ •• xi -.i 

exammed by three Commissioners to be appointed 
by the Governor for that purpose, whose duty it shall 
be, at the expense of the Corporation, to examine the 
monies actually existing in said vaults, and to ascer- 
tain by the oath of the Directors of said bank, or a 
majority of them, that said Capital Stock hath been 
bona-fide paid in by the Stockholders of said bank, 
and towards payment of their respective shares. J'""' 



COMMONWEALTH BANK. Feb. 20, 1824. 377 

not for any other purpose ; and that it is intended 
therein to remain as a part of said capital, and to re- 
turn a certificate thereof to the Governor. And no stockholders. 
Stockholder shall be allowed to borrow any money at 
said Bank until he shall have paid in his full propor- 
tion of the whole of said Capital Stock, as herein be- 
fore provided and required. 

Se(. 3. Be it further enacted^ That the said bank 
shall !^e establisiied and kept in Boston. 

Sec. 4. Be it further enacted, That whenever the 
Legislatjire shall require it, the said Corporation shall ^^l^''^^"' 
loan to the Commonwealth any sum of money which 
shall be required, not exceeding ten per centum of 
the Capital Stock actually paid in at one time, re- 
imbursable by five annual instalments, or any shorter 
time, at the election of the Commonv/ealth, with the 
annual payment of interest, at a rate not exceeding 
five per centum per annum : Provided however, ThaP™""'"- 
the Commonwealth shall never stand indebted to 
said Corporation without their consent for a larger 
sum than twenty per centum of their Capital 
then paid in. 

Sec. 5. Be it further enacted, That the persons 
herein before named, or any three of them, are au- 
thorized to call a meeting of the members and Stock- caii of Meetmg. 
holders of said Corporation as soon as may be, at 
such time and place as they may see fit to appoint, 
by advertising the same in any two of the newspa- 
pers printed in Boston, for the purpose of making, 
ordaining and establishing such by-laws and regula- 
tions for the orderly conducting the affairs of said 
Corporation, as the Stockholders shall deem necessa- 
ry, and the choice of the first Board of Directors and 
such other officers as they shall see fit to choose. 

Sec. 6. Be it further enacted, That the Common- Right of swu 
wealth shall have a right whenever the Legislature 
shall make provision therefor by law, to subscribe on 
account of the Commonwealth, a sum not exceeding 
two hundred and fifty thousand dollars, to be added 
to the Capital Stock of said Corporation, subject to 
such rules, regulations, and provisions, as to the 



.^78 COMMONWEALTH BANK. Feb. 20, 1824 

management thereof as shall be by the Legislature 
made and established. 

SUSctor", Sec. 7. Be it further enacted, That whenever the 
Common Avealth shall subscribe to the capital Stock 
of said Corporation in manner herein before provided 
for, in addition to the Directors by law to be chosen 
by the Stockholders, the Legislature shall have a. 
right from time to time to appoint a number of Di- 
rectors to said Bank, in proportion as the sum paid 
from the Treasury of the Commonwealth shall be to 
the whole amount of Stock actually paid into said 
Bank, if at any time hereafter they shall see fit to ex- 
ercise that right. 

Bond of Cashier. ^Ec. 8. Bc it furtlicT enacted, That the Cashier, 
before he enters upon the duties of his otiice,shaU give 
bond with sureties to the satisfaction of the Board of - 
Directors in a sum not less than fifty thousand dol- 
lars, with conditions for the faithful discharge of his 
office. 
state Tax Sec. 9. Bs it further enacted. That the said Cor- 
poration from and after the first day of May next, 
shall pay by way of tax to the Treasurer of this Com- 
monwealth, for the use of the same, within ten days 
after the first Monday of October, and April, annual- 
ly, the half of one per centum on the amount of Stock 
which shall have actually been paid in. 

Altered Notes. Sec. 10. Bc it further enacted, That the said Cor- 
poration chall be liable to pay to any bona fide holder 
the original amount of any note of said Bank, counter- 
feited or altered in the course of its circulation to a 
larger amount, notwithstanding such alteration. 

Sec. \A. Be it further enacted, That the Capital 
vStock of the said Bank shall not be sold or transferred, 
but shall be holden by the original subscribers there- 
to, for and during the period of one year from the time 
of passing this act ; and in case the same shall not h'e 
put into operation according to the provisions thereof 
within the year aforesaid, it shall be void. 

[Approved by the Governor, February* 20th, 1824.] 



NAN. UN. MARINE INSUR. COM. Feb. 20, 1824. 379 

CHAP. CXXYII, 

An Act to coiitiiiiie in force the act for incorporating 
the Nantucket Union Marine Insurance Company. 

JjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the act entitled "An 
Act to incorporate Josiah Barker, George Myrick 
and others, by the name of the Nantucket Union 
Marine Insurance Company," passed on the twenty- 
first day of June, one thousand eight himdred and 
four, shall be, and remain in full force for the term of 
tv/eiity years, from and after the twenty-first day of 
June, one thousand eight hundred and twenty-four, 
with all the powers and privileges, granted by an 
act, entitled " An Act to define the powers, duties 
and restrictions of Ins u-ance Companies," passed on 
the sixteenth day of February, one thousand eight 
hundred and eighteen: Provided ^oi^<?tYr, That the ProrHr. 
said Covjioration shall be subject to all the duties 
and requirements prescribed and contained in the 
said act, entitled " An Act to define the powers, du- 
ties and restrictions of Insurance Companies ;" and 
the said Nantu'ket Union Marine Insurance Compa- 
ny shall be liable to be taxed by any general law, 
providing for the taxation of all similar Corporations. 

[Approved by the Governor, February 20th, 1824.] 

CHAP. CXXVIII. 

An Act to alter the division line between New-Salem 
and Shutesbury. 

Sec. 1. JlSE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, one range of lots in the easterly 
side of the town of Shutesbury, in the County of 



380 



DEDHAM BANK. 



Feb. 20, 1824. 



L'tfie described. 



Proviio. 



Franklin, shall be set off from said town of Shutesbu- 
ry, and annexed to the town of New-Salem, in said 
Covmty, and the divisional lines between the said 
towns, shall be as fo]lo\vs, beginning on the North 
line of said town of Shutesbury, one hundred and six- 
ty rods west from the North east corner thereof, 
thence Southerly in a line parallel to the present di- 
visional line between the said tow^ns of Shutesbury, 
and New-Salem, near the dwelling-house of Asa 
Powers ; and that all the inhabitants of the territory 
by this act annexed to the said town of New-Salem, 
be, and the}' are hereby annexed to the said town of 
New-Salem : Provided^ That they shall pay all taxes 
assessed or voted to be assessed on their polls and 
estates by the said town of Shutesbury, before the 
passing of this act. 

Sec. 2. Be it further enacted., That any person who 
may have gained an inhabitancy in the said town of 
Shutesbury, by a residence on the territory which is 
by this Act, annexed to the said tow n of New-Salem. 
who now does or hereafter shall need to be supported 
as a poor person, shall be supported by said town of 
New-Salem. 

[Approved by the Governor, February 20th, 1824.] 



I'owor of Direc- 
tors. 



CHAP. CXXIX. 

An Act in addition to an act, entitled " An Act to in- 
corporate the President, Directors and Company 
of the Dedham Bank." 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the Directors of said 
Bank, with the consent of a majority of the Stockhol- 
ders thereof, be, and they are hereby authorized and 
empowered at any time within one year from the first 
day of May next, at their discretion, to call on the 



DEDHAM BANK. Feb. 20, 1824. .381 

Stockholders to pay in a further instalment not ex- 
ceeding in amount one third part of their original cap- 
ital, as fixed by law, notice being given ot the amount 
of said instalment, and the time of paying in the 
same, by publishing three weeks successively in the 
newspaper printed in Dedham, or some paper printed 
in Boston, to the Stockholders, at least thirty days be- 
fore the day appointed for the payment of such in- 
stalment : Provided hoivever, that nothing herein con-^'*^'"* 
tained shall authorize or empower the President, Di- 
rectors and a majority of the Stockholders of said ^ 
Bank to increase their Capital Stock to a greater 
amount than one hundred thousand dollars. 

Sec. 2. Be it further enacted. That if any Stock- 
holder that shall neglect to pay in the instalment on 
his shares so required by the Directors, and notified 
as aforesaid, for the space of sixty days after notice 
as aforesaid, the Directors shall be authorized to make 
sale at public auction of such shares, one or more as 
may be sufficient to pay said instalment and inciden- 
tal charges, after duly notifying in the newspaper 
printed in Dedham, or some paper printed in Boston, 
the sum due on such shares, and the time and place 
of sale, at least ten days prior to the day of sale, and^»''^«*^^'"*^* 
giving the proprietor like notice in writing, and such 
sale shall be a transfer of the share or shares sold to 
the persons purchasing, and a certificate of such sale 
shall be entered by the Cashier on the books of said 
Bank ; and such purchaser shall be considered to all 
intents and purposes proprietor thereof, and the over- 
plus, if any, shall be paid on demand by the Cashier 
to the person whose shares were thus sold. 

f Approved by the Governor, February 20th, 1824.] 



-il 



382 COM. INSUR. COMPANY. Feb. 20, 1824. 

CHAP. CXXX. 

An Act to incorporate the Commonwealth Insurance 
Company. 

Sec. 1. XjE it enacted by the Senate and House of 
Repf^esentatives, in General Court assembled^ and by 
the authority of the same^ That Russell Jarvis, John 
Brazer Davis, Joseph E. Smith, David Henshaw, 
revsomjcorpo (.^jg^ g^j^^ George Hallet, John Henshaw, M. Rich- 
ards, George Seaver, Thaddeus Page, John K. Simp- 
son, with their associates, successors and assigns, be, 
and hereby are incorporated into a Company by the 
name of the Commonwealth Insurance Company, with 
power of insurance of lives, and against marine losses 
and losses by fire, and of loaning monies on bottomry 
and respondentia principles, and with all the powers, 
immunities and privileges granted to Insurance Compa- 
nies, and subject to all the restrictions, duties and obli- 
gations, contained in a law of this Commonwealth, enti- 
tled "An Act to define the powers, duties and restric- 
tions of Insurance Companies," passed on the six- 
teenth day of February, in the year of our Lord one 
thousand eight hundred and eighteen, and in a law of 
this Commonwealth, entitled "An Act authorizing the 
several Insurance Companies of this Commonwealth 
to insure against fire," passed on the twenty -first day 
of February, in the year of our Lord one thousand 
eight hundred and twenty, for and during the term of 
twenty years from the passing of this act, and by that 
name may sue and be sued, plead and be impleaded, 
appear,prosecute and defend to final judgment and 
execution, and may have a common seal, which they 
may alter at pleasure, and may purchase, hold, and 
convey any estate real or personal for the use of 
said Company : Providcd,The said real estate shall not 
exceed the value of seventy-five thousand dollars, ex- 
cepting^ such as may be taken for debt or held for col- 
lateral security for money due to said Compan}". 



Xay huld Estate. 



COM. INSUR. COMPANY. Feb. 20, 1824. 38.5 

Sec. 2. Be it further enacted^ That the Capital capuaistopt. 
Stock of said Company shall be three hundred thou- 
sand dollars and shall be divided into shares of one 
hundred dollars each ; one hundred and fifty thousand 
dollars of which shall be paid in money, within ninety 
days after the first meeting of the said Company, and 
the residue within one year from the passing of this 
act, in such instalments and under such penalties as 
the President and Directors of said Company shall 
in their discretion direct and appoint. And if the 
pro\ isions of this act shall not be complied with 
within one year from said first payment, then the same 
shall be void. 

Sec. 3. Be it further enacted, That the stock, prop^ 
erty, affairs and concerns of said Company shall be 
managed and conducted by twelve Directors, one of ofKceu. 
whom shall be President thereof, who shall hold their 
offices for one year and until others are chosen, and 
no longer, and who shall at the time of their election 
be Stockholders in said Company, and citizens of 
this Commonwealth, and shall be elected on the 
second Monday of April, in each and every year, at 
such time of the day, and in such place in Boston, as 
a maiorit}' of the Directors for the time being shall 

..pi.i 1 .. IT .. Till' • Offieprs, time and 

appomt, 01 which election public notice shall be giv- term of election 
en in two of the newspapers printed in Boston, and 
continued for the space of ten days immediately pre- 
ceding such election, and the election shall be made 
by ballot by a majority of the Stockholders present, 
allowing one vote to each share in the Capital Stock : 
Provided, That no Stockholder shall be allowed more ^roy\^^. 
than ten votes, and absent Stockholders may vote by 
proxy, under such regulations as said Company shall 
prescribe. And if through any unavoidable accident 
the said Directors shall not be chosen on the second 
Monday of April as aforesaid, they may be chosen on 
any other day in the manner herein provided. And 
the Secretary of said Company, shall at any time upon 
application in writing of the proprietors of twenty 
per centum of the Capital Stock, call a meeting of Meeting 
the Stockholders, to be holden at such time and place 



384 COM. INSUR. COMPANY. Feb. 20, 1824. 

in Boston, as they shall direct, for the purpose men- 
tioned in such application, by giving like notice thereof 
as is herein required for the election of Directors. 

Sec. 4. Beit further enacted,Th?it the Directors when 
chosen shall meet as soon as may be after ever}^ election, 
and shall choose out of their body one person to be 
dem.° "" President, who shall be sworn or affirmed to the faith- 
ful discharge of the duties of his office, and who shall 
preside for one year. And in case of the death, re- 
signation, or inability to serve of the President or any 
Directors, such vacancy or vacancies shall be filled for 
the remainder of the year in which they happen, by 
a special election for that purpose, to be held in the 
same manner as herein before directed, respecting 
annual elections of Directors. 

Sec. 5. Be it further enacted, That the President and 
I'.merofPresi. SIX of tlic Dircctors, and seven in his absence, shall be 
Jilt am irec ^ board compctent to the transaction of business, 
and all questions before them shall be decided by a 
majorit}^ of votes, and they shall have power to make 
and prescribe such by-laws, rules, and regulations, as 
to them shall appear useful and proper touching the 
management and disposition of the stock, property, 
estate and effects of said Company, and the transfer 
of the shares, and touching the duties and conduct of 
the several officers, clerks and servants employed, 
and the election of the Directors and all such matters 
as appertain to the business of insurance, and shall 
also have power to appoint a Secretar}^, and so many 
clerks and servants for carrying on the said business, 
and with such salaries and allowances to them and 
the President, a^ to the said Board shall seem meet : 
Provided, such by-laws, and regulations, shall not be 
repugnant to the constitution and laws of this Com- 
monwealth. 

Sec. 6, Be it further enacted, That any two or more 
of the persons named in this act are hereby authorized 
call oJ Meeting, to Call a meeting of said Company, by advertising the 
same for two successive weeks in the Boston Patriot, 
American Statesman, and New-England Palladium, 
printed in Boston, for the purpose of electing their first 



MECHANIC HALL IN LYNN. Feb. 20, 1824. 385 

Board of Directors, who shall contmue in office till the 
second Monday of April, in the year of our Lord ei<];h- 
teen hundred and twenty-five, and till others shall be 
chosen in their stead : Provided, hoivever, that this '^'"'"' 
Charter shall be void and of no effect, unless put into 
operation agreeably to the terms of it within one year 
from the passing of this act : ^ind provided also, that 
the said Company shall not take any risk, or subscribe 
any policy by virtue of this act, until one hundred 
and fifty thousand dollars of the Capital Stock of said 
Company shall have been paid in. 

Sec. 7. Be it further enacted. That said Company 
shall never take on any one risk against fire, or other ^^'*''''^'^= "'*'■''' 
risk, on loan or respondentia or bottomry on any one 
bottom at any one time, including the sum insured in 
any other way on the same bottom, a sum exceeding 
ten per centum on^the Capital Stock of said Company 
actually paid in according to the provisions of this act. 

Sec. 8. Be it further enacted. That the said Insur- 
ance Company shall be located and kept in the City 
of Boston. 

Sec. 9. Be it further enacted. That the said Insur- 
ance Company shall be liable to taxation by any gen- Liawetotasatioa 
eral law providing for the taxing of all similar Corpo- 
rations which are by law liable to be taxed 

[Approved by the Governor, February 20th, 1824.] 



CHAP. CXXXI. 

An Act to incorporate the Proprietors of Mechan- 
ic Hall in Lynn. 

Sec 1. J3E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Jacob Ingalls, William I'^'-'ons incorpu. 
F. Ingalls, John B. Burrell, Richard Richards, and "^ 
Timothy Alley. 3d, all of Lynn, their associates, suc- 
cessors and assigns be, and they are hereby constitu- 



386 MECHANIC HALL IN LYNN. Feb. 20, 1824 

ted a body politic and corporate by the name of the 
Proprietors of Mechanic Hall in Lynn; and the said 
Corporation by the same name, are hereby declared 

' and made capable in law to sue and be sued, plead 

and be impleaded, to have a common seal, and the 
same to 'alter at pleasure, to make rules and by-laws 
for the regulation and management of the estate 
herein after described, consistent with the laws of the 
Commonwealth, and generally to do and execute 
whatever by law doth or may appertain to bodies 
politic and corporate within the meaning and intent 
of this act. 

Sec. 2. Be it further enacted^ That the said Cor- 
poration be, and the same hereby is declared and 
possession of made capable to have, hold, and possess all that 

tstatcguaran (.gytg^j^ j.gg^| cstatc, sttuatc iu Said Lynn, bounded and 
described as follows, viz : Southeasterly on the high- 
way measuring five rods, southwesterly on the high- 
way measuring six rods and twenty-two links of chain, 
northwesterly on land of Daniel Silsbee, measuring 
three rods and thirteen links of chain, northeasterly 
on land of Samuel Neall, there measuring five rods 
and one link of chain, or hoAvever otherwise bounded, 
together with all the privileges and appurtenances 
theieunto belonging, provided the lawful proprietors 
Disposal of prop of thc samc convey it legally to said Corporation, and 

''"^' the said Corporation shall have power to sell, grant, 

and alien in fee simple or otherwise, their corporate 
property, or an)^ part thereof, within the said describ- 
ed limits, and to lease, manage and improve, build, 
re-build, or alter the same, according to the will and 
pleasure of said Corporation, expressed at any legal 
meeting by the said associates, or their assigns, or a 
major part of them. 

Sec. 3. Be it further enacted^ That the said Corpo- 
ration property shall be divided into shares not ex- 

'""Th^resf ceeding one hundred in number, as the said Corpora- 
tion may find it most expedient ; and the said shares 
shall be divided among the several proprietors accord- 
ing to the interest and portions which they may re- 
spectively have in said corporate property, and cer- 



MECHANIC HALL IN LYNN. Feb. 20, 1824. 387 

. tificates of such shares shall be signed by the Presi- 
dent of the Corporation, and issued to the proprie- 
tors accordingly, and shall be transferable by assign- Transfer of 
ment on the back thereof, and the property in the''"""' 
same shall vest in the assignee or vendee thereof, when 
a record of such assignment shall be made by the clerk 
of the corporation, whereupon new certificates shall 
issue accordingly, and the shares in said Corporation 
shall in all respects, and at all times be held and con- 
sidered personal estate. 

Sec. 4. Be it further enacted, That the said Cor- 
poration shall have power from time to time, to as- ^°'mon°ey!''* 
sess such sums of money as at any legal meeting 
held and notified for that purpose, may be deemed 
necessary for building, rebuilding and repairing or 
altering any buildings whatever, on the land within 
the said described limits, or for the improvement or 
management of the corporate estate agreeably to the 
true intent and meaning of this act. And in case 
any proprietor shall neglect or refuse to pay any as- 
sessment so laid, the said Corporation may cause such 
of the shares of such proprietors as may be sufficient 
therefor, to be sold at public auction after ten days 
notice in two public places in said Lynn, to the high- 
est bidder ; and after deducting the amount assessed 
and unpaid, together with the charges of sale and ad- 
vertisement, the surplus, if any, shall be paid over to 
such proprietors, and the purchaser of such share or 
shares, shall be entitled to receive a certificate of the 
share or shares by him purchased accordingly. 

Sec. 5. Be it further enacted, That the said pro- 
prietors shall annually in the month of March, elect choice of 
by ballot, a board of Trustees to consist of five mem- '""' 
bers, who shall choose one of their number for Presi- 
dent, and the said proprietors shall also elect by bal- 
lot, a clerk and all other officers that they may deem 
necessary for conducting their corporate affairs and 
estate. 

Sec 6. Be it further enacted, That the trustees 
or a major part of them, by a vote of a majority of ^j xrTs-Pes. 
the Dro'irietors, each proprietor being allowed one 



,U of Sleeting 



388 LOBSTER FISHERY. Feb. 20, 1824. 

vote for each share he may own, are hereby author- 
ized and empowered to sell and convey in fee simple, 
lease or mortgage, all or any part of the real estate 
which they may hold as herein aforesaid, and to 
make, execute and acknowledge a good and sufficient 
deed or deeds thereof, which deed or deeds subscrib- 
ed by ihe President, with the seal of said Corporation 
thereunto affixed, shall be go-od and valid in law. 

Sec. 7. Be it further enacted, That Jacob Ingalls, 
be, and he is hereby authorized to call the first meet- 
ing of said proprietors, by posting one or more no- 
tices of the time and place thereof, in one or more 
public place or places in said town, eight days at 
least before the time of meeting. And the said pro- 
prietors are hereby authorized to determine the 
mode of calling future meetings. 

[Approved by the Governor, February 20th, 1824.] 



CHAP. CXXXII. 

An Act regulating the Lobster Fishery in the Town 
of Gloucester. 

Sec. 1. x>E it enacted by the Senate hnd House of 
Representatives, in General Court assembled, and by 

penaitr- (he authority of the same, That from and after the first 
day of April next, it shall not be lawful for any per- 
son to take any Lobsters, within the harbors of the 
town of Gloucester, for the purpose of carrying away 
from said harbors. And any and every person of- 
fending against the provisions of this act, shall for- 
feit and pay the sum of ten dollars for every offence, 
and shall also forfeit all the Lobsters so taken : Pro- 

loviso. ^^^^^ nevertheless, That the Selectmen of said town, 
may allow said Lobsters to be taken and carried 
away as aforesaid, by all the citizens of this Common- 
wealth, by a general permission to them only and for 



LOBSTER FISHERY. Feb. 20, 1824. 389 

a time not less than one month, at one timj, first giv- 
ing pubHc notice of such times in each year, witliin 
which they give such permission, by advertising the 
same two weeks successive!}' in one pubhc newspa- 
per printed in the County of Essex, and two pubUe 
newspapers printed in the County of SuiToIk. 

Sec. 2. Be it further enacted^ That the harbors of 
said Gloucester shall be considered and taken by this «»'•«"• I'mj"' 
act to be and to extend as follows, to wit : The har- 
bor of Gloucester from Norman's Woe, on the w^est 
side, to Eastern Point, on the south side. The har- 
bor of Sandy Bay, from Gap-head on the east side, to 
Pigeon Cove on the north side. The harbor of Annis 
Squam, from Hallibut Point on the east side, to Two 
Penny Loaf on the west side. 

Sec. 3. Be it jurther enacted^ That all fines and 
forfeitures which may be incurred for offences against 
this act, shall accrue one half to him or them who Appropriation 
may first sue for the same, and the other half to the fin«r°''""^ ""^ 
use of the Commonwealth. And the said fines and 
forfeitures may be recovered with legal costs of suit 
by action of debt, or information before any Justice 
of Peace for the County of Essex ; and any person or 
persons aggrieved by the sentence of the Justice of 
Peace, given in pursuance of this act, may appeal 
thereupon to the next Court of Common Pleas to be 
holden in the County, in which judgment may be 
rendered. 

[Approved by the Governor, February 20th, 1824,] 

CHAP. CXXXIII. 

An act to apportion and assess a tax of seventy-five 
thousand dollars, and to provide for the reimburse- 
ment of sixteen thousand nine hundred and ninety- 
nine dollars, paid out of the public treasury, to the 
members of the House of Representatives, for their 
attendance the two last sessions of the General Court^ 

[Approved by the Governor, Febmary 21st, 1824.] 
.'i2 



390 HOUSE OF CORRECTION. Feb. 21, 1821. 

CHAP. CXXXIY. 

An Act to provide payment to the County of Worces- 
ter, for the use of their House of Correction. 

JlJE it enacted by the Senate and House of^ 
Representatives in General C&urt assembled^ and by 
the authority of the same, That there be allowed and 
paid to the Treasurer of the County of Worcester, 
from the Treasury of this Commonwealth, for the use 
and occupation of so much of the House of Correction, 
in said County, as has been used by the convicts sen- 
tenced to the same by the Justices of the Supreme 
Judicial Court, or either of them, at the rate of three 
hundred dollars per annum for such term of time as 
said House of Correction has been occupied for the 
use of the Commonwealth in manner aforesaid. And 
his Excellency the Governor, b}', and with the advice 
of Council, is herebj' authorized to draw his warrants 
on the State Treasurer, for such sums as may be due 
to the County of Worcester, agreeably to the provis- 
ions of this act. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CXXXV. 

An Act to authorize Thomas Manning to erect a 
Dam across Ipswich river. 

Sec. 1. x>E it enacted by the Senate and House oj 
Representatives in General Court assembled, and by 
the authority of the same, That Thomas Manningbe, 
and he is hereby authorized and empowered to erect 
and maintain a Dam across Ipswich river, so called, 
Lo»uonofDam. j^bout three miles above the stone bridge, and near a 
way leading from Topsfield road, to said river, at the 



THOMAS MANNING. Feb.2l,l824. 39 

fording place, between the towns of Ipswich and 
Hamilton ; which said dam, the said Thomas Man- 
ning, his heirs and assigns may continue and main- 
tain, so long as he or they may see fit, for the pur- 
pose of erecting grist or other mills, factory or facto- 
ries,or any other valuable purpose for which thesameis 
suitable : Provided, however. The said Thomas Man- 
ning, his heirs and assigns, shall make, and keep open 
through said dam, a passage way for the fish to pass 
up said river or stream, of the dimensions, and con- 
structed in the same manner and subject to the same 
rules and penalties, as is provided by an act passed 
March twenty-eighth,one thousand seven hundred and 
eighty-eight, and the acts in addition thereto, to pre- 
vent the destruction of alewives and other fish in 
Ipswich river : ,/Snd provided also, That the said 
towns of Ipswich and Hamilton, shall not hereafter 
be subjected to any expense in laying out or making 
any road or bridge leading from the roads in Hamil- 
ton or Ipswich, to, or for the accommodation of said 
mills or factory, but said roads or bridge shall alwaj^s 
be made at the expense of said Manning, his heirs 
or assigns. 

Sec. 2. Be it further enacted, That any person or 
persons whose land or other property may be injured 
by erecting and maintaining or using said dam andfaraS*^"" 
water, whether by flowing or otherwise, shall have 
the like remedy and process for obtaining indemnity 
therefor as is now provided for like injuries under the 
several laws relating to mills in this Commonwealth. 

[Approved by the Governor, February 21st, 1824.] 



392 PHYSIC AND SlIRGERV. Feb 21, 1824. 

CHAP. CXXXVI. 

An Act in addition to an act, entitled " An Act regu- 
lating the practice of Physic and Surgery." 

Be it enacted by the Senate and House of 
Hepresentatives in General Court assembled, and by 
the authority of the same, That any person who shall 
be graduated a doctor in medicine in the Berkshire 
Medical Institution, by the authority of Williams Col- 
lege, shall be entitled to all the rights, privileges and 
immunities granted to the .^ledical graduates of Har- 
vard University ; Provided hotvever, that at any time 
hereafter when it shall be thought proper, the Com- 
monwealth shall have the right of creating a board of 
overseers, to be composed of the Trustees of said In- 
stitution, and such other persons as the Common- 
wealth may designate for that purpose. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CXXXVII. 

An Act for the encouragement of Medical Science. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That there shall be appro- 
priated, allowed and paid out of the Treasury of this 
Commonwealth annually, the sum of one thousand 
dollars, for the term of five years, to the Trustees of 
the Berkshire Medical Institution: Provided that the 
said Trustees shall faithfully apply the same to the 
purchase, erection and repairing of suitable buildings, 
to the procuring of a library, chemical and philosoph- 
ical apparatus, anatomical preparations and models, 
and for such other purposes as shall be deemed most 
conducive to the best interests of the Institutioi^. 



APPOINT. OF ASSESSORS. Feb. 21, 1824, 3§3 

And bis Excellency the Governor is hereby aiitLori- 
zed and requested to draw his warrant accordingly. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CXXXVIII. 

An Act in addition to An Act for the choice and ap- 
pointment of Assessors, and for assigning their 
powers and authority. 

Sec, 1. aSE it enacted by the Senate and House of 
Representatives iti General Court assembled^ and by 
the authority of the same, That whenever the Treas- 
urer of this Commonwealth shall be directed to send 
a tax act to the Assessors of any city, town or dis- powers of asw^ 
trict, it shall be his duty to send therewith a suitable 
number of blanks for invoice and valuation books, in 
the form hereinafter prescribed, and also suitable and 
convenient forms of warrants, certificates of assess- 
ments for state, county, city, town, and district taxes, 
forms of notices to be posted up previous to the mak- 
ing of any tax, and also blanks for tax lists or books, 
sufficient for such city, town or district. 

Sec. 2. Be it further enacted, That the Assessors 
of any city, town or district, may add their proportion 
of any State and County tax to the city, town or dis- ^menf *""■ 
trict tax, for assessment, whenever they may deem it 
convenient. And in every case where assessors shall 
so add their state, county, town or district taxes for 
assessment, it shall be the duty of all such assessors 
to insert in the commitment of their list or lists of as- 
sessments to the collectors, the proportion of the state 
and county tax each respectively may bear to the 
whole amount of such assessment. 

Sec. 3. Be it further enacted, That a copy of the 
lists of the assessment of all taxes, together with ai^eposuofiutj; 
copy of the invoice and valuation from which such as- 



a94 



APPOINT. OF ASSESSORS. 



Feb. 21, 1824. 



sessments shall be made, shall, before the taxes 
assessed are committed for collection, be deposited 
in the assessors office, where such office is kept, oth- 
erwise shall be lodged with the chairman or principal 
assessor, there to remain, to the end that all persons 
interested may have an opportunity of examining, and 
exposing any error, for the purpose of correction,, 
v/hich may have happ ened i^ 4he assessment of said 
taxes. 

Sec. 4. Be it further enacted, That hereafter, the 
form of an invoice or valuation, with the assessments 
thereon, to be deposited as aforesaid, in the assessors' 
office, or with the principal assessor, shall be substan- 
tially as follows. 



Names- 


X> — 

1? 


Description of 
Estate taxed. 






Poll 
Tax. 


Tax on 

Ileal 
Estate. 


Tax 01 
Person- 
al Es- 
tate. 


Q CC 




A. B. 


2 


Real — 1 Hoube & Darn. 
4 a. home lot. 
10 a. meadow. 

3')0 a- unimproved. 

Personal — ^l Horse. 
1 Chaise. 
Plate. 
Money at 
iuterest. 


500 
500 
500 


90 
30 


1 75 


12 00 


33 30 


47 05 




1500 
1500 

50 
200 
300 

5000 




120 
333 




5550 





Sec. 5. Be it further enacted, That the Assessors 
of cities, towns, districts, parishes or rehgious socie- 
uesponsibiiity of ties shall not hereafter be made responsible for the 
'"'"'"" assessment of any tax upon the inhabitants of any city, 
town, district, parish or religious society of which they 
are assessors, when thereto required by the constitu- 
ted authorities thereof, but the liability, if any, shall 
rest solely with said city, town, district, parish or reli- 
gious society, and the assessors shall be responsible 
only for their own integrity and fidelity. 



SECOND CON. SOCI. IN MED. Feb. 21, 1824. 30/ 

Sec. 6. Be it farther enacted, That all acts hereto- 
fore passed, so far as they may be inconsistent A'/ith 
the provisions of*this Act, be? and the same ar^ here- 
by repealed. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CXXXIX. 

An Act to incorporate the Second Congregational 
Society in Medford. 

Sec. I. x>E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Thatcher Mac;oun, rtnom 
John Bishop, John Bishop, Jun. John P. Clisby,*Tim- ■'"^"■^p"'-^'^''- 
othy Rich, Aaron Blanchard, Andrew Blanchard, Na- 
than Bryant, Elisha L. Tliinter, Nathaniel Jaqueth, 
George B. Laphani, Jacob Butters, Galen James, 
Edward Rogers, Henry Rogers, Thomas Jameson, 
Joseph Clisby, Willard Butters. William Rogers, 
Jesse Crosby, George W. Reed, Jun. William Nash, 
John J. White, William C. Pratt, Thompson Kid- 
der, Charles J. Hall, Gilbert Blanchard, Isaac Good- 
hue, Zenas Stoddard, Gilbert Brooks, James Kid- 
der Jun. Amos Joslyn, Edward Pratt, Benjamin 
Eastman, Thomas Pratt, Reuben Richardson, John 
B. Fitch, John Clough, Anthony Hatch, Charles 
James, Lazarus Drew, James H. Drevr, Jacob Day, 
Bela Gushing, John Hinkson, Nathaniel H. Bishop. 
James Forsyth, William A. Edgery, and their asso- 
ciates and successors, be, and they are hereby incor- 
porated as a religious society, for the support of the 
public worship of God, and for religious purposes, and 
constituted a body politic and corporate, by the name 
of the Second Congresiational Society in Medford^ 
and invested with all the rights, powers, liberties, 
privileges, franchises and immunities, commonly had, 
held, used, exercised or enjoyed by other religious 



\ 



May hoid Estate • 



396 SECOND CON. SOCI. IN MED. Feb. 21, 1824 

societies incorporated for similar purposes in tliis 
Commonwealth. And the said Corporation may sue 
ami be sued in their corporate name aforesaid, and 
may make all reasonable rules and regulations for the 
, « government and manaojemennt of the affairs, business 

Hulrs and By- ^ , r i • i ■ 

Laws. and concerns ot the sa'd society, not repugnant to 
the laws and Constitution of this Commonwealth. — 
And the said Corporation may take and hold by pur- 
^chase, gift or otherwise, any estate, personal, real or 
'mixed, the net amount of the income whereof shall 
not any time exceed five thousand dollars. 

Sec. 2. Be u further enacted^ That no person shall 
be taken or considered as a member of said •society 
excepting the proprietors of a pew or pews, or any 
**''MembeN? "^ part of a pew in the meeting-house of the said socie- 
ty, until he or she shall have obtained the approba- 
tion in writing, of a majority of the standing commit- 
tee of the said society, and all personal who shall have 
obtained such approbation as aforesaid, o^ who may 
be owners of a pew or pews, or any part of a ]3ew in 
such meeting- house, as aforesaid, and who shall usu- 
ally attend the public worship of God with the said 
society, and shall be liable to pay taxes for tiie sup- 
port and maintenance thereof, in the same society 
for the time being, shall with their families, polls and 
estates, be taken and considered for all religious pur- 
memblK. poses, as members of the slid society and all the 
members of the said society liable to taxation^ 
as aforesaid, shall be entitled to vote at an}' meet- 
ing of the said society, on all questions, matters and 
things, excepting such as relate to the property of 
the said society, or to any sale or exchange, or invest- 
ment thereof, or to the management, appropriation 
or disposal thereof, or any part thereof, or to the as- 
sessing or raising money by taxes, on the pews in 
such meeting-house as aforesaid, .to be built, used and 
occupied by the said society for the public worsKip 
of God. But on all questions, matters and things to bt 
determined or ordered, resolved, authorized, ratified, 
done or transacted in the said society, at any meeting 
thereof, relating in any way to the property of the 



SECOND CON. SOCI. IN MED. Feb. 21, 1824. 397 

said Corporation or to any sale, exchange or invest- 
ment thereof, or to the management, appropriation or 
disposal thereof, or any part thereof, no person shall 
be taken or considered as a legal voter, but the actual ^v°tert.'**^" 
proprietors of a pew or pews, or of any part of a pew 
in such meeting-house as aforesaid, or their agents 
duly authorized, and the proprietor or proprietors of 
each pew in such house as aforesaid shall be entitled 
to two votes and no more for such pew as aforesaid, 
in voting in all cases where only such proprietors and 
persons, by them authorized shall be entitled to vote, 
but in all other cases the said proprietors shall each be 
entitled only to a single vote : Provided nevertheless^vmruo. 
That while the said society have no such meeting-house 
as aforesaid, and until such meeting-house shall have 
been built and completed, all persons who have sub- 
scribed for or may subscribe for any pew or pews, or 
part of a pew, and have agreed, or may agree to pur- 
chase the same in such meeting-house about to be 
built for the purposes aforesaid, shall be entitled to 
vote in like cases, and in like manner, to have and 
exercise all the rights, powers and privileges given 
by this act to such proprietors as aforesaid. 

Sec. 3. Be it further enacted. That all monies to„, , .. 

i . 1 ■, ^ • ^ • 1 • o Mode of raising 

be raised by the said society by taxation tor the sup- ""O'"- 
port of the public worship of God and other parochi- 
al purposes may be assessed upon the polls and es- 
tates of the members of the said society, or upon the 
pews in the meeting-house of the said society, in case, 
b}' a majority of votes of such proprietors as aforesaid, 
to be given in manner aforesaid, it shall be so deter- 
mined, or partly on the polls and estates aforesaid, 
and partly on such pews, if by a majority of such 
votes it shall be so determined. And in case any as- 
sessment shall be made upon such pews as aforesaid, 
according to such determination as aforesaid, the said 
pews may be taken and sold for the payment of all 
assessments duly made upon them as aforesaid, 
and for the expenses and charges of sale in such man- 
ner, and on such conditions as by a majority of such 
proprietors shall be determined: Provided neverthe-^"""'^' 
53 



398 SECOND CON. SOCI. IN MED. Feb. 21, 1824- 

less., That the assessments to be made on the polls 
and estates of the respective members of the said so- 
ciety during any year for the purposes aforesaid shall 
in no case exceed the assessments that during the 
same year may be made upon the polls and estates 
of the respective members of the first Congregational 
Society in Medford for like purposes, regard being 
had to the relative value of their estates. 

Sec. 4. Be it further enacted.^ That the persons en- 
titled to vote in said society, shall annually at such 
time and place as the said society shall hereafter ap- 
point, choose by written ballot a committee of seven 
persons, being proprietors as aforesaid, to be called 



Choice of stand 



ing com'mittees the Standing Committee for the purpose of managing 

aridoiher offi ^j^^ finaucial and prudential concerns of said society ; 
and a Clerk, Treasurer, three Assessors, a Collector, 
and a Sexton, which said several officers shall con- 
tinue in office during the year, and until others shall 
be chosen in their stead ; and the said society may 
from time to time choose such other officers and com- 
mittees as they may think necessary and expedient for 
the managing, conducting and transacting the affairs 
and concerns of business of the society. 

Sec. 5. Be it further enacted., That when am 
Withdrawal from Member of the said society shall wish to withdraw from 

the society. |.j^g samc, hc or she shall leave a written notification 
thereof with the Clerk of the said society, and the poll 
and estate of such member shall thereafter be exempt- 
ed from taxation in said society, but such persons so 
seceding from said society shall be hoi den to pay all 
the taxes already assessed upon his poll, or his or her 
estate; and if he or she shall be a proprietor of a pew 
or pews, or part of a pew, shall at all times thereafter, 
so long as he or she may remain such proprietor, be 
liable to pay such assessment as may from time to 
^ time be made on the pews in such meeting-house as 

aforesaid. 

Sec. 6. Be it further enacted., That all the contracts 
p ^. ^ and doings of the said society previous to the passing 

made valid. *of this act, bc, and the same are hereby confirmed and 
made valid and binding in law, on the members there- 
of in their corporate capacity aforesaid. 



EQUITY. Feb. 21, 1824. 399 

Sec. 7. Be it further enactcd^h^XThdlchev Magoun, 
or any other of the persons mentioned in the first 
section of" this act, may cause the first meeting of the Meeting. 
said society to be called for tjie purpose of choosing 
the officers of said society,and for any other purpose, 
to be specified in a notification to be posted up in 
three conspicuous places, in said town of Medford, 
seven days at least, before tlie time to be appointed 
for such meeting. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CXL. 

An Act in addition to an act, entitled, "An Act for 
giving further remedies in Equity." 

Sec. 1. JL>E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That in all cases, where 
any goods or chattels, deed, bond, note, bill,specialty, 
writing or other personal property, of any person or 
persons shall be taken or detained, from him or them, 
and secreted or withheld, so that the same cannot be 
found, or come at, to be replevied,the Justices of the Power 
Supreme Judicial Court, on application by bill, peti-" 
tion or complaint, may order the same to be deliver- 
ed up, or compel such discoveries and disclosures, 
and make such orders, injunctions and decrees, and 
upon such terms and conditions, as equity shall in 
such cases seem to require. 

Sec. 2. Be it further enacted, That the said Jus- 
tices of the Supreme Judicial Court may hear and Dispnt 
determine inequity, all disputes between co-partners, '^ 
joint-tenants and tenants in common, and their legal 
Representatives, in cases where there is no adequate 
remedy at law ; and may thereupon compel such dis- 
coveries and disclosures, and make such orders, in- 



partners. 



400 SALARIES. Feb. 20, 1824 

junctions and decrees, as equity, in such cases, shall 
seem to require. 

Sec. 3. Be it further enacted^ That the said Jus- 
tices of the Supreme Judicial Court shall have au- 
thority to issue all such writs and processes, as may 
be necessary or proper to carry into full effect the 
powers hereby granted. 

[Approved by the Governor, February 21st, 1824.] 



CHAP, CXLI. 

An Act establishing Salaries for Judges and Regis- 
ters of Probate. 

Sec. 1. jl5e it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That all the fees of 
the several Judges and Registers of Probate in 
this Commonwealth, heretofore established by law, 
shall from and after the last day of May next, be, and 

Aboiiihmentofthe Same are hereby abolished, and instead thereof, 
**"■ the said Judges and Registers of Probate, shall re- 
ceive for their services a stated annual salary, which 
salary in the several Counties in this Commonwealth 
Am.untofsmiariei shall be as follows : For the Judges of Probate in the 

countlel:^"'"* County of Suffolk, one thousand dollars; Essex, 
seven hundred dollars ; Middlesex, eight hundred 
dollars ; Worcester, six hundred dollars ; Plymouth, 
four hundred dollars; Bristol, four hundred and 
twenty five dollars ; Barnstable, three hundred 
dollars ; Dukes County, sixty dollars ; Nantucket, 
one hundred and twenty dollars ; Berkshire, four 
hundred and fifty dollars ; Norfolk, five hundred 
dollars ; Hampden, two hundred and eighty dol- 
lars ; Hampshire, two hundred and eighty dollars ; 
Franklin, two hundred and eighty dollars. For the 
Registers of Probate, in the County of Suffolk, two 
thousand dollars ; Essex, fifteen hundred dollars ; 
Middlesex, fifteen hundred dollars ; Worcester,eleven 



SALARIES. Feb, 21, 1824. 401 

hundred dollars ; Plymouth, seven hundred and fifty 
dollars ; Bristol, seven hundred dollars ; Barnstable, 
five hundred dollars; Dukes County, one hundred 
dollars ; Nantucket, one hundred and fifty dollars ; 
Berkshire, six hundred dollars ; Norfolk, seven hun- 
dred dollars ; Hampden, four hundred and sixty dol- 
lars ; Hampshire, four hundred and sixty dollars ; 
Franklin, four hundred and sixty dollars. 

Sec. 2. Be it further enacted, That said salaries ^.^^^j. 
shall be paid quarterly out of the Treasury ot thisi"»y™«« 
Commonwealth, to the Judges and Registers of Pro- 
bate, on the first day of September, December, 
March and June, annually ; the first quarterly pay- 
ment of said salaries to be made on the first day of 
September next. 

Sec. 3. Be it further enacted, That no Judge of 
Probate, shall receive any fee, or compensation, for 
any business done in his Court; or in his capacity of 
Judge of Probate, on any pretext whatever : and no 
Register of Probate shall on any pretext whatever, 
receive any fee or compensation from any executor, 
administrator, guardian, trustee, heir, devisee, legatee, 5; 

or other person, in any case whatever, for any busi- 
ness done by said Register in the Court of Probate, 
or for one set of copies of all orders and decrees and 
reports of Committees on petition for partition of real 
estate, and of returns setting off the dower of widows, 
of inventories returned, accounts settled, and wills 
proved; but for any other copies he shall be entitled peesCorcovyiDs. 
to receive twelve cents a page and no more, in addi- 
tion to the salary aforesaid. 

Sec. 4. Be it further enacted, That each County 
shall provide all books necessary for the keeping of 
records, for the Register of Probate ; but Stationary, 
and all other incidental expenses, shall be considered 
as provided for by the above salaries. 

Sec. 5. Be it further enacted. That this act shall 
take effect, and be in full force from and after the 
last day of May next. 

[Approved by the Governor, February 20th, 1824.] 



402 PERSONAL ESTATE. Feh^ 21, 1824. 

CHAP. CXLII. 

An Act to prevent fraud in the attachment of real or 
personal estate. 

Sec. 1. JJE it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by 
the authority of the same ^ That in all cases where the 
same estate, whether real or personal, has been at- 
tached on mesne process in two or more suits, that 
the plaintiff, or plaintiifs in any suit, after that in 
which the first attachment shall have been made, 

reiition to Court, may petition the Court whereto the writ shall be re- 
turnable, on which such first attachment shall have 
been made, at the return term of such Court, or at 
the next term thereof, if such suit shall still be there- 
in pending, and not afterwards, for leave to defend 
against such first suit, in like manner as the party 
therein sued could or might have done. 

Sec. 2. Be it further enacted, That the party so 

^""ers!^""'""" petitioning to defend such previous suit, shall set 
forth in his petition such matter as he may see fit, to 
entitle himself to defend in such previous suit, and 
shall make oath that all facts by him stated in his pe- 
tition are true, or are by him believed to be so, and it 
shall be in the discretion of the Court to grant the 
prayer of such petition or not, as to the Court may 
seem just and proper. 

Sec. 3. Be it further enacted, That if the Court 
shall permit such petitioner to defend as prayed for, 
the petitioner shall give bond, or enter into recogni- 

Bond^of Petition- zance, in such manner as the Court shall order, to 
pay to the plaintiff in such previous action, all such 
costs and damages as the Court shall adjudge and 
decree to have been occasioned to the plaintiff by 
such defence ; and in case a recognizance shall have 
been entered into, and the petitioner shall fail in the 
defence of such action, the Court shall award execu- 
tion on such recognizance in favor of the plaintiff 
therein, and agamst the petitioner, and shall proceed 



AGAINST SELF-MURDER. Feb. 21, 1824. 40S 

to render judgment in the orii^inal suit between the 
parties thereto, as though such defence had not been 
made. 

Sec. 4. Be it further enacted^ That if the petition- 
er shall prevail in defending against such previous 
action, either by verdict of a jury, or by the confes- ^"''coim!"'^ 
sion of the plaintiff, or by the plaintiff's neglecting to 
prosecute his said action, the Court shall render judg- 
ment thereon, and shall award execution to the pe- 
titioner for his reasonable costs ; and such judgment 
shall be rendered for costs, if any, to the party sued 
in such action, as the Court may direct. 

Sec. 5. Be it further enacted., That whenever any 
such petitioner shall be admitted to defend as afore- 
said, and shall have given bond, or shall have entered 
into recognizance, as herein before provided for, ittione^Tlfen^c"' 
shall be entered on the record of the Court that such 
petitioner is so admitted to defend, and in case of ap- 
peal or process in error, such admission to defend 
shall appear of record. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CLXIII. 

An Act to repeal An Act, entitled " an Act against 
self-murder." 

JlJE it enacted by the Senate and HousIr of 
Representatives in General Court assembled, and by 
the authority of the same., That an Act entitled " An 
Act against self-murder," passed in the year of our 
Lord one thousand six hundred and sixty, and pro- 
viding that the bodies of persons who shall be guilt} 
of self-murder shall be buried in some public high- 
way, be, and the same is hereby repealed. 

[Approved by the Governor. February 21st, 1824.] 



404 PLENE ADMINISTRAVIT. Feb 21, 1824 

CHAP. CXLIV. 

An Act authorising Executors and Administrators to 
plead plene administravit in certain cases, and to 
settle the estates of their testators, or intestates. 

Sec. 1. xJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same^ That any Executor or Ad- 
ministrator in all actions now pending, or which shall 
pieai""'**""* '" be hereafter pending against him, shall be permitted, 
after having settled an account of his administration, 
in the Probate Court, to give in evidence under the 
plea oi plene administravit^ that he has disposed of 
all the deceased's estate, in paying the expenses of 
administration, and the allowance made to the widow 
of the deceased by the Judge of Probate, and in dis- 
charging debts due the Commonwealth, and all rates 
or taxes, and for the deceased's last sickness, and for 
funeral charges, although said estate may not have 
been represented insolvent. 
. , Sec. 2. Be it further enacted, That whenever any 

Exemption of_, i^ -i • ' ii • i 

isxecutorandAd.Ji,xecutor or Admmistrator, who has given due no- 

.'Dinistratora from . n ■% • !•• • iiip n 

liability, tice of his administration, shall alter one year irom 
the time of his appointment, pay away in the due 
course of Administration, all the effects and estate 
belonging to the estate of the testator or intestate, 
which shall have come into the hands and possession 
of said Executor or Administrator, then, and in such 
case, such Executor or Administrator shall not be 
held to answer personally, to any creditor of such 
estate, who shall not, by himself, his agent or Attor- 
ney, have exhibited his claim against such estate, to 
the Executor or Administrator, before such Executor 
or Administrator shall have paid away all the effects 
and estate in his hands and possession, in the manner 
before mentioned. Nor shall any Executor or Ad- 
ministrator, by reason of any claim, so exhibited, be 
obliged to render the estate of the testator or intes- 
tate insolvent, or claim a contribution of creditors 
who have been paid in full. 



COURT OF SESSIONS. JFeb. 21, 1824 406 

Sec. 3. Be it further enacted,, That when any cred- 
itor of an estate, who shall not have exhibited his 
claim against such estate, to the Executor or Admin- 
istrator witliin one year after his appointment, and 
before the Executor or Administrator shall have paid 
away all the effects and estate which have come to 
his hands, shall exhibit his claim to the Executor or 
Administrator, and demand pavment thereof, and by 
reason ot the presentment oi such clann, the estate probate. 
of the testator or intestate, is apparently insolvent, it 
shall be the duty of the Judge of Probate of the 
County where such administration was granted, to 
declare such estate insolvent ; and the effects and 
estate of the testator or intestate, remaining in the 
hands of the Executor or Administrator after satisfy- 
ing all the claims exhibited within one year after the 
appointment of said Executor or Administrator, shall 
be distributed among the creditors of such testatorD^'tribmionof 
or intestate, whose debts shall be proved before the ^'°^^'^^* 
Commissioners of Insolvency, and allowed by the 
Judge of Probate ; but the creditors of the testator 
or intestate, thus paid in full by the Executor or Ad- 
ministrator, shall not be liable to refund or contribute 
any part of the debts received by them. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CXLV. 

\n Act altering the time of holding the Court of Ses- 
sions in the County of Barnstable. 

xJE it enacted by the Senate and House of 
Representatives in General Court assembled,, and by 
the authority of the same,, That from and after the 
passing of this act, the Court of Sessions shall be 
holden in the County of Barnstable on the second 
Tuesda} s of April and October, instead of the terms 

54 



406 FEMMES COVERT. Feb. 21, 1824. 

heretofore established ; and all laws inconsistent with 
the provisions of this act are hereby repealed. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CXLYI. 

An Act authorizing Femmes Covert to join with 
the Guardians of their Husbands in the sale of Real 
Estate, held in ri2;ht of the Wife, and to release 
their dower in certain cases. 

Sec. 1. r>E it enacted by the Senate and House of 
Representatives in General Court assembled.^ and by 
the authority of the same ^ That from and after the 
passing of this act, whenever the guardian of any per- 

Besfription of SOU xiOTA coHipos meutis. lunatic, or distracted, or of any 
"'"''' person given to excessive drinking, idleness, gaming 

or debauchery, shall have obtained license from any 
Court empowered to grant the same, to sell the in- 
terest of his ward on any real estate held by him in 

Aathorit,tojein.j,-gj^^ of his wifc, it shall be lawful for her to join Avith 
such guardian in the sale and conveyance thereof, 
and all deeds of such real estate, duly executed by 
the said guardian and the wife of his said ward.and duly 
acknowledged and recorded, shall be good and valid 
and pass and convey, as complete a title therein to the 
purchaser, as the husband and wife might or could 
have conveyed for a valuable and sufficient consider- 
ation, if he had been under no legal disability : Pro- 

proriw. vided nevertheless., that whenever any agreement shall 

be entered into between such femmes covert, and the 
guardian of such ward, as to the disposition of the 
proceeds of such sale or any part thereof for her ben- 
efit, the Courts of Probate in the several Counties, and 
the Supreme Court of Probate, shall have power to 
enforce such agreement as a subject of trust upon 
principles of equity. 



FANEUIL HALL MARKET. Feh 21, 1824. 407 

Sec. 2. Be it further enacted. That whenever any 
guardian as aforesaid, shall have duly obtained li- 
cense to sell the real estate of his ward, and the wife 
of such ward shall release her dower therein to the 
purchaser, either by a relinquishment thereof in the 
deed of the guanlian, or by any other deed which 
shall be duly acknowledged and recorded, said release 
shall forever afterwards legally bar and exclude her 
from any dower, or right of dower, in said real estate. 

[Approved by the Governor, February 21st, 1824,1 



CHAP. CXLVII. 

An Act authorising the extension of Faneuil Hall 
Market in Boston. 

Sec. 1. JlJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That whenever the Citj Co„di,ionoftue 
Council of the City of Boston, shall declare that the ^°^'^'' 
public exigences require that the limits of Faneuil 
Hall Market should be extended in any direction be- 
tween Ann-Street, on the north, a line drawn from 
the east end of Faneuil Hall, on the west, the south 
side of Faneuil Hall, and the lane leading to Green's 
Wharf, on the south, and the harbour on the east, it 
shall be lawful for the Trlayor and Aldermen of said 
City, within one year from the first day of April 
next, to lay out and widen Faneuil Hall Market, in 
such direction within the limits aforesaid not exceed- 
ing one hundred and eighty feet wide, as may be 
prescribed by the City Council: Provided, Tliat theproriw. 
land taken, by virtue of this Act, shall never be used 
for any other purposes than those herein described, 
without the previous consent of the Legislature be- 
ing obtained therefor. 

Sec. 2. Be it further enacted, That it shall be the ^"7„d AlJfermTn 
duty of said Mayor and Aldermen, previously to re- ^sr"*' **''^"^' 



408 FANEUIL HALL MARKET. Feb. 21, 1824. 

moving any buildipg or doing any act affecting said 
property, to notify a meeting of the proprietors, or 
legal representatives, of the estates which may be 
included within the said limits, and directed by the 
City Council to be appropriated for the purposes 
aforesaid, and invite their concurrence in a submis- 
sion and reference of all questions relating to the 
damages which they may sustain by such appropria- 
tion, to fi\e disinterested freeholders and inhabitants 
^ , of this Commonwealth, two to be chosen bv said 

Manner of ap- ' ^ 

pointing referees ,]\iay or aiid Aldermen and two by the proprietors; 
which four persons shall elect one more ; and the 
five thus chosen shall forthwith, after the said Mark- 
et shall have been extended in manner aforesaid, give 
notice to both parties to appear, if they see fit, for a 
hearing before them, and shall proceed to the duties 
of their appointment. And tliey shall first enquire 
whether any damage has been sustained from the 
proceeding aforesaid, and if any, tliey shall estimate 
the same, and their award shall be binding and con- 
clusive on the inhabitants of said City of Boston, and 
on said proprietors. And in case any of said propri- 
etors shall not agree to said submission, the same re- 
ference shall be had, in manner and form aforesaid, 
with those who do agree to the same. 

Sec. 3. Be it further enacted^ That any of said pro- 
prietors, or legal representatives of any estates taken 
for the purposes aforesaid who maj^ not agree to said 

"'^E\on of ref. reference, may, within three years from the time that 
etees. \)^q j^nd or estates shall have been so taken, file his 

petition for indemnity in the Supreme Judicial Court 
within the County of Suffolk, before or during any 
term thereof, and after fourteen days notice, which 
shall be given by leaving a copy of said petition with 
the Mayor of the City of Boston, the Court may 
proceed to the hearing of the said petitioners, upon 
the appearance or default of the adverse party ; and 
the said Court are hereby authorized and empower- 

Appo"'*'?":."* «<■ ed to appoint five Commissioners, who shall be dis- 
"'°"*""°"'"' interested freeholders and inhabitants of this Com- 
monwealth, whose duty it shall be to estimate and 



FANEUIL HALL MARKET. Feb. 21, 1824. 409 

determine the damages which the plaintiff may have 
sustained, in the manner and upon the principles set 
forth and expressed in the second section of this Act, 
and shall make return of their award into said Court 
as soon as may be, and upon the acceptance thereof 
judgment shall be rendered thereon for the party 
prevailing, with costs : Provided however, That if ei-Provi»o. 
ther party shall be dissatisfied with said award, it shall 
be lawful for such party to apply to the Supreme Ju- 
dicial Court, at any term thereof holden within, ajid 
for the County of Suffolk next, after such award, for 
a trial by a Jury, at tlie Bar of said Court, and there- 
upon the Court shall direct the Sheriff of the County 
of Suffolk, to name and return a special jury, who 
shall be disinterested freeholders, to hear and deter- 
mine in said Court, all questions relating to said dam- 
ages, and to assess the amount thereof; and the ver- 
dict of such jury be final and conclusive upon the 
parties ; and if the party applying for a jury shall not 
obtain, in case it shall be the original plaintiflf, or ap- 
plicant, an increase of damages, or in case it be the Damage. 
original defendant, a decrease of damages awarded 
by the Commissioners, such party shall pay reasona- 
ble costs of such trial, otherwise shall recover rea- 
sonable costs, and upon any judgment rendered on 
the verdict of such jury, the Court may issue execu- 
tion accordingly. 

Sec. 4. Be it further enacted, That in case any 
property or estates shall be taken under the provi- 
sions of this Act, which may be held in trust, or be 
the property of married women, or belong to minors, 
or persons non-compos, or the unsettled estates of T,.u,tee9. Admin 
persons deceased, the trustees of such estates held esuteTtoact."^ 
in trust, such married women with their husbands, 
and the guardians of such minors or persons non- 
compos, and the administrators and executors of such 
estates are hereby authorized to enter into such re- 
ferences, or take such other measures as proprietors 
are by this Act authorized to do : Provided however, Proviso, 
that the damages which may be awarded by the 
Commissioners or recovered by verdict, belonging to 



410 REGULATION OF GAOLS. Feb. 21, 1824. 

estates held in trust, or the property of married wo- 
men, shall be paid to the trustees of such estates so 
held in trust, and the husbands of such married wo- 
men if such married women shall thereto consent 
in writing, and if not, then to trustee or trustees to be 
appointed by the Supreme Judicial Court, at any term 
thereof, on application ofany such married woman, in 
trust to hold and investthe same, and pay over the in- 
come thereof, to the husband of such married woman, 
so long as he would have been entitled to the use 
and possession of said estate, and then to pay over 
the principal to such person or persons as would have 
been intitled to have said estate, if the same had 
not been taken by the provisions of this Act,with such 
securities, hmitations and restrictions as said Court 
^liTmagc""'^ shall, on such application direct. And the damages 
awarded to unsettled estates of deceased persons, 
or minors, or persons non-compos shall be subject to 
the same disposition which is now by law provided for 
the surplus arising from the sales of real estate by ad- 
ministrators and guardians, under the order of Court. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CXLVIII. 

An Act for the better regulation of Gaols, and the 
prisoners therein. 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the Gaol Keeper of 
each Gaol in said Commonwealth, shall furnish ne- 



Cioaler to furni 
fuel. 



"■• cessary fuel for all prisoners unable to support them- 
selves, and confined in his respective gaol upon 
charge or conviction of crimes or offences against 
said Commonwealth, or on mesne process or execu- 



REGULATION OF GAOLS. Feb. 21, 1824. 41 1 

tion, at the expense of the County where said gaol "^ 
may be situated, and the charges thereror,shall be al- 
lowed in manner following : Said gaol keeper shall 
render on oath to the Court of Sessions of the Coun- 
ty an account of the charges incurred by him for saidcimS?^ 
fuel, and said Court shall make a reasonable allow- 
ance therefor to said gaol keeper, to be paid out of 
the County Treasur}^ 

Sec. 2. Be it further enacted, That whenever the 
Court of Sessions, or Mayor and Aldermen of the 
City of Boston, in their respective Counties, shall or- 
der and direct what specific rations or arti>;les of food, 
soap, fuel or other necessaries shall be furnished for^^d?"*^ 
the prisoners confined in any such gaol by the keep- 
er thereof, and said gaol keeper shall neglect or re- 
fuse to furnish the same accordingly, or if said gaol 
keeper shall give, sell or deliver, or shall knowingly 
suffer to be given, sold or delivered to any person 
who is committed to gaol, on mesne process or exe- 
cution, and who is supported by his or her creditors, 
or to any other person for the use of said prisoner, 
any spirituous liquor, unless the Physician who isiiquors^fo'biit. 
authorized to attend upon the sick in such prison, 
shall certify in writing, that the health of such pris- 
oner requires it, in which case he shall be allowed 
the quantity prescribed, and no more; said gaol 
keeper shall, for committing either of the offences, 
the first time, forfeit the sum of twenty-five dollars, pg„^,jy 
to be recovered in an action of debt, by any person 
who will sue for the same, for his own use, in any 
Court of Common Pleas, in said County, or by indict- 
ment in said Court, in which last case the forfeiture 
shall be for the use of the County. And for commit- 
ting either of said offences the second time, said gaol 
keeper shall forfeit the sum of fifty dollars, to be re- 
covered in the manner and to the uses aforesaid, and 
shall also be removed from his office, and be render- 
ed and become incapable of holding the office of 
Sheriff, Deputy Sheriff or Gaoler for the term af five 
years. 



412 REGULATION OF GAOLS. Feb. 21, 1824 

' Sec. 3. Be it further eiuicted, That if an}^ person 

confined in gaol, upon charge or conviction of crimes 
or offences against said Commonwealth, shall be un- 
ruly or disorderly, or shall wantonly break, injure or 
destroy any article of beddiig, furniture or the win- 
dows of said gaol, it shall be lawful for the Sheriff of 
the County where said gaol may be, after due in- 
quiry into the circumstances of the case, to order 
such prisoner to be kept in solitary imprisonment in 
the most retired and solitary part of said gaol ; and 
during such solitary imprisonment, the said prisoner 
shall be fed with bread and water only, unless other 
food be necessary for the preservation of his or her 
life ; provided such solitary imprisonment shall not 
be for a longer time than ten days for every such of- 
fence. And if any person confined on mesne process, 
or execution, in any such gaol, shall be guilty of eith- 
er of said offences in this section mentioned, and be 
convicted thereof before any Justice of the Peace in 
said County, or before the Police Court of the City 
of Boston, in the County of Suffolk, on complaint 
made by the keeper of said gaol, said Justice or Po- 
lice Court, may order the same punishment of solitary 
confinement, and bread and water, and for a tima not 
exceeding five days for any one offence, lo be inflict- 
ed on said last mentioned prisoner as is above pro- 
vided against said offences ; but nothing herein con- 
tained shall be construed to take from the keeper of 
any gaol or prison the authority which is now by law 
vested in him to preserve order therein^ and strict 
discipline among the prisoners. 

Sec. 4. Be it further enacted^ That if any person 

shall have in his possession any spirituous liquor 

vo person to withiu thc preciucts of any gaol, hou«e of correction, 

liquors to or prison in said Commonwealth, with an intent to 

pnsoneri. • i t i • i i r 

to convey or deliver the same without the consent ot 
the gaol keeper of said gaol, master of such house of 
correction, or keeper of such prison, to any prisoner 
confined in any gaol, house of correction, or prison^ 
within said Commonwealth, he shall forfeit and pay 



STORAGE OF GUNPOWDER. Feb. 21, 1324. 413 

for each offence, a sum not less than five nor more 
than ten dollars, with costs of prosecution, to be re- 
covered by complaint to any Justice of the Peace for 
the same County, or the Police Court of the City of 
Boston, in the County of Suffolk, one moiety thereof 
to him ^vho shall prosecute for the same, snd the 
other moiety to the use of the Commonwealth. 

[Approved by the Governor, February 21st, 1824.] 



CHAP. CXLIX. 

An Act regulating the storage of Gunpowder. 

Sec. 1. x>E t7 enacted by the Senate and House of 
Repsesentatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this, it shall be lawful for the inhabitants of 
each town in this Commonwealth, at any of their 
legal town meetings, to order and direct that no gun- 
powder above the quantity of fifty pounds, shall be^^g"*;*^*"^ 
kept or deposited in any shop, store, or other building, 
which shall be within the distance of twenty-live rods 
from any other building — and the inhabitants of each 
town aforesaid may also order and direct at their legal 
town meetings, respectively, that no gunpowder shall 
be kept at any place within the limits of such town, 
uiiless the same be well secured in tight casks or 
cannisters. 

Sec. 2. Be it further eiiacted, That upon complaint 
made by either of the Selectmen of any town afore- 
said to either of the Justices of the Peace within the ^Sctm«n, 
County in which said town is situated, in which com- 
plaint is set forth by such Selectman, that he has good 
cause to suspect and does suspect that gunpowder is 
deposited and kept within the limits of his town con- 
trary to the provisions of this act, such Justice of the 
Peace may be and he is hereby authorized to issue 
his warrant, directed to either of the constables with- 
55 



414 STORAGE OF GUNPOWDER. Feb, 21, 182^ 

in the town wherein such complainant may live, or- 
dering him to enter any shop, store or other building 
specified in said warrant, and there to make diligent 
search for the gunpowder therein suspected to have 
been deposited as aforesaid, and to make return of 
his doings to said Justice forthwith. 

Sec. 3. Be it further enacted^ That any person who 
shall violate the provisions of this act, shall forfeit and 
pay a sum not less than five dollars nor more than 
twenty dollars, to be recovered in an action of debt 
before any Justice of the Peace within the County 
wherein the offence may be committed, and to be ap- 
propriated to the use of the town, wherein the of- 
pro»Mo. fence shall be committed : Provided ahvays, That 
the provisions of this act shall not extend to the es- 
tablishments erected for the manufacturing of gun- 
powder, nor in any case to prevent the transportation 
of the same through any of the towns in this Com- 
monwealth. 

[Approved by the Governor, February 21st, 1824.] 



Penalty. 



SECRETARY'S OFFICE, > 
£pril 17th, 1824. > 

J5y this I CERTIFY, that the Laws printed in this Pam 
phlet and passed during the Session of the General Court in Jan. 
vary and February 1824, have been compared with the originals 
in this office^ and appear to be eorrect. 

ALDEN BRADFORD, 

Secretary of the Commonwealth 



TO THE LAWS PASSED AT THE SESSION OF THE GENERAL 
COURT, IN JANUARY AND FEBRUARY, 1824. 



A. 

Academy, Phillips, Tru&tees of, and visitors of Theological 

Institution, - - - - - - 263 

*' Wesleyan, in Wilbraham, . - - - 302 
Administrators excused, when all goods of deceased are 

expended, -- 404 

Alewives and Shad in Saugus, Lynn and South Reading, 333 

Alford and Agremont Turnpike altered, - - - 351 

American Bank in Boston, incorporated, ... 365 

Ashburnham, J. Ward and W. Barrell annexed to, - 268 

Assessors duty, power and choice of, - - - - 393 

Asylum for Indigent Boys, _.---- %%j 

Atlas Insurance Company, ------ 286 

Attachments, prevention of fraud in, - . . . 402 

B. 

Bank, American, in Boston, incorporated, - - - 365 

" City, to increase Capital Stock, - . - - 345 

" Commonwealth, in Boston, - - . - 375 

" Dedham, assessment on Stockholders, - - 380 

" Mechanics and Traders, in Boston, - • - - S6& 

" Mendon, established, . - . - . 294 

Baptist Society in Dighton, incorporated, ... 321 

'' '* inMethuen, - - - - - 356 

" " Westbo rough, members allowed to leave, 328 

Barnstable Court of Sessions, ----- 405 

Barre Turnpike Corporation to erect Gate, - - - ®68 

Barrell W. J. Ward and others annexed to Ashburnham, 268 

Berlin Congregational Society to tax pews, - - - 346 

Berkshirs Medical Institution, ----- 352 

Bernardston, Universalist Society in, = - . - 306 

Blackstone Canal Company, - . - - - 298 

Bonds Gaol for poor prisoners, 283 



INDEX. 

Boston, 2d Churck and Society in, . - . . 280 
*' Copper Manufactory, - - - - -318 

« Mill Pond Wharf, 329 

*' Market in, to be extended, ... - 407 

Boys, Indigent, Asylum for, . _ - - - 267 

Bridge, "Nathan, to sell real estate, . - - - 327 

Bridgewater and Halifax, gore of land, . _ - 369 

Browson J. and L. Hare, set oflf 10 Egrcmont, - - 357 

c. 

Canal, Blackstone, powers and privileges extended, - - 298 

" Massachusetts Bay, time prolonged for making, - 294 

Church and Society 2d, in Boston, - . - - 280 

Charlestown, erection of buildings in, - - - - 374 

Columbian Society in Marblehead, , - - - 272 

Congregational Society in Berlin, _ - - - 346 

<^ '* in Falmouth, - - - - 307 

« " in Marblehead, - - - 283 

" *' in Medford, - - - - 395 

«« *' inTopsfield, - - - - 362 

'« " in New Bedford, - - 337,350 

Copper, Boston Manufacture, - - - --31s 

Commonwealth Bank in Boston, _ . . _ 37^5 

" Insurance Company, - - - - 332 

Court, Supreme Judicial, to consist of four Judges, - 336 

<* " time of holding in Essex, - - - 354 

*' Common Pleas in Nantucket and Dukes' County - 299 

*' of Sessions in Barnstable, ----- 405 

D. 

Debtors in prison, bonds of, - - - - - - 282 

Dedham Bank, Stockholders assessed, - - - - 380 

Deer, hunting of regulated, - 293 

Dighton, Baptist Society in, - - - _ _ 321 

** and Wellington, line between, - - - - 336 

Divorce for Idiocy or Insanity, ----- 292 

Dudley Woollen Manufactory, ----- 285 
Dukes' County and Nantucket, i^me of Court of Common 

Pleas, 299 

Duxbury, Methodist Episcopal Society, - - - 269 

E. 

Easton School and Chapel, 300 

Education of Youth, provided for, z 1 z z ^43 



INDEX. . 

Egremont Turnpike altered, 551 

" J. Brownson and L. Hare annexed to, - - 357 

Equity, remedies in, provision for, . . - - 399 

" " on Gaol Bonds, 282 

Essex, term of Supreme Judicial Court in, - - - 354 
Estate of deceased Insolvents to be settled without commis- 
sioners, 404 

Executors not liable, when all estate is expended, though 

they do not state it insolvent. - - - - 404 

F, 

Faneuil Hall Market to be extended, - - - - 407 

Falmouth Congregational Society to sell land, - - 307 

Femmes Covert to join in sale of real estate, - - - 406 

Fish in Lincoln, preservation of, - - - - - 352 

Fishery in Saugus, South Reading and Lynn, - - - 333 

" Lobster in Glocester, . . . - . 388 

Foxborough ministerial fund, . - . _ _ 348 

Freedom of religious Societies, - - - - - 347 

G. 

Gaol Bonds, for poor prisoners, - - - - - 282 

Gaols regulated, . - - - - - - - 410 

Glass, New-England, Crown, 277 

" South Boston, Crown, 282 

Gallery of Fine Arts, and Museum, . - - _ 275 

Globe Fire and Marine Insurance Company, - - - 315 

Gloucester, Lobster Fishery, in, 388 

Grain and Salt measure of, regulated, - - - . 362 

Gunpowder to be inspected, - - _ _ _ 369 

" Storage of regulated, - -- _ -413 

Hadley, Congregational Society, Funds of, - - - 342 

Halifax, Gore of Land annexed to, - - - - - 369 

Hare L. and J. Bronson, annexed to Egremont, - - 357 

Hawkers, Pedlars and petty Chapmen, - - - _ 371 

Hospital Massachusetts Life Insurance Company, - 265 

I. 

Indigent Boys, Asylum for, in Boston, - - - - 267 

Inspectors of Gunpowder, . - - _ _ _ 359 

Insurance Company Atlas, - - - - - - 286 

" *' Commonwealth, - - - . 382 

11 ** Globe, - - - . , - 315 



INDEX. 

Insurance Company, Hospital Life, 265 

" " Mechanics' and Traders', - - 322. 

" " Nantucket Union, - - - - 379 

" " Washington Fire, &c. - - - 311 

" " Worcester Fire, &c. ... 372 

Ipswich River, a dam across, . . - , . 390 

Iron Founding; Company in Middlesex,. ... - 278 

J. 

Judges and Registers of Probate, Salaries, ... 400 

Judgments of Courts to be offset, ----- 364 

Judicial department, four Judges, ... - 336 

L. 

Lace, Boston and Ipswich Company, . - . . 279 

Lamps, penalty for breaking, ----- 355 

Lead, Salem Manufactory, ------ 308 

Life Insurance Company, Hospital, - . - - 265 

Lobster Fishery in Gloucester, - - - - • 388 

Lynn, Mechanic Hall, in, - - - . - _ 335 

M. 

Manning Thomas, to erect a Dam over Ipswich River, - 390 

Marblehead, Columbian Society, in, - - - - 272 

" First Congregational Society, - - - 28S 

Mai-lborough Universalist Society, - - - - 331 

Market in Boston extended, ... - - 407 

Marriage and divorce for insanity, ----- 29^ 

Married women to consent to sale of Real Estate, - 406 

Mechanic's and Trader's Bank, . . . - - 353 

" " Insurance Company, - - 322 

Mendon Bank incorporated, --..-_ 294 

Mechanic Hall in Lynn, .-...- 335 

Methodist Society in Duxbury, 269 

" Academy in Wilbrahara, - - - . soa 

Methuen, Baptist Society in, ----- S56 

Millpond Wharf in Boston, 329 

Museum, New England and Gallery of Fine Arts in Boston, 075 

Medford Congregational Society, . - - - - 395 

Medical Science encouraged, ...... 392 

Murder self, former mode of treating the body abolished, 403 

N. 

Names of persons changed, * . . . -. . 290 



INDEX. 

Nantucket Court changed, ...... 299 

' '■ Treasurers of, 32^ 

*' Union Insurance Company, .... 379 

New-Bedford, Pews in Meeting-House, to be taxed, . 33^ 

*' Precinct, name changed, .... 350 

*' School -House in, 371 

New-England Glass Company, . ... . 277 

New Salem and Shutesbury Line, .... 379 

Norfolk Manufacturing Company, 276 

Notes promissory, printed, law against, repealed. . . 339 

P. 

Pedlars and Hawkers and Petty Chapmen, . . . 371, 

Physick, and Surgrey, ....... 392. 

Probate, Salaries of Judges and Registers, . . ^ . 400 

R. 

Railway, Salem Marine, .319 

Real Estate, married women to consent to sale of, . 406 

Religion, Societies of, more freedom, . * . . 34<r 

Real estate, to prevent fraud in attaching, . . . 402 

Remedies in equity on Gaol Bonds, .... 282 

" " further provision for, . . . 399 

s. 

Salaries of Judges and Registers of Probate, . . . 400 

Salem Lead Manufactory, 308 

" Marine Railway, 319 

Salt and grain, penalty for false measure, .... 363 

Saxon Factory established, . . . . . . 274 

School House in New Bedford, 371 

" Centre in Worcester, . . . . . 271 

Schools public provided for, 353 

Shutesbury and New-Salem Line, .... 379 

Suicide, former act repealed, ..... 403 

Suits in Law, in case of non-residents, .... 364 

Surgery and Physick, practice of, regulated, . . . 392 

T. 

Tax, State, 875,000, 

Topsfield Congregational Society, .... 362 

Tract Society, Evangelical, 266 

Traders' and Mechanics' Bank, 358 

" " Insurance Company, • . 322 

Trustees of Green Fund in Boston, .... 340 



INDEX. 



Trustees of Methodist Society in Duxbury, 
Turnpike Corporation, Barre, 

** ** Alfred and Egremont, 

** " Water town, 

u. 

Universalist Society in Bernardstown, 
" " iti Marlborough, 

Union Insurance Company at Nantucket, 

w. 

Ward J. and others annexed to Ashburham, 

Washington Fire and Marine Insurance Company, 

Watertown Turnpike established, 

Wellington and Dighton, line between, 

Wesleyan Academy at Wilbraham, 

Westborough Baptist Society, 

West Newbury, first parish in, . . . 

Westport Harbour preservation of, 

Worcester centre School district, . 
" House of Correction, pay for, 
" Mutual Fire Insurance Company, , 

Worship public, and religious freedom. 

Writs, service of, in case of absent persons, 



269 
268 
351 
304 



306 
331 
379 



268 
311 

304 
336 
302 
328 

274 
326 
271 
890 
372 
347 
364 



LAWS 



Commontoealtl^ of JUaj^jiacJju^ettjS. 

PASSED BY THE GENERAL COURT, 



VT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE TWENTY* 

SIXTH OF MAY, AND ENDED ON SATURDAY, THE TWELFTH OF JUNE, 

ONE THOUSAND EIGHT HUNDRED AND TWENTY-FOUR. 



Published agreeably to a Resolve of I6th January, 1812. 




BOSTON : 

PRJNTEJJ BY TRUK AND GHEENE, PRINTERS TO THE STATE. 

1824, 



LAWS 



COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION. WHICH COMMENCED ON WEDNESDAY, THE TWENTY 

SIXTH OF MAY, AND ENDED ON SATURDAY, THE TWELFTH OF JUNE, 

ONE THOUSAND EIGHT HUNDRED AND TWENTY FOUR. 

CHAP. I. 

An Act to incorporate the South Church in Dedham. 



Sec. 1. iSE, it enacted by the Senate and House of 
Representatives in Ge?ieral Court assembled, and by 
the authority of the same, That William Cogswell, ^J™ '"'^°'- 
Jacob Guild, David Andrews, Jesse Gay, Jesse Gay, 
Jr. Enoch Talbot, Phinehas E. Dean, John Dean, 2d. 
Dean Chickering, Luke Coney, Homer Fales, Eli- 
phalet Fales, Ebenezer Blake, Aaron Guild, with 
their associates, be, and they hereby are incorpora- 
ted and made a body politic, by the name of the 
South Church in Dedham ; and shall have power to 
make and use a common seal, and the same to break 
and alter at their pleasure; and to make such by- 
laws for the orderly direction of the business of said 
body politic, as shall not be repugnant to the Con- 
stitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That said body po-^^ .^^^ 
b'tic may hold propert}^ real or personal, or both, to Estate. 
the amount of ten thousand dollars, for the purpose 



418 BOSTON PIER OR LONG WHARF. June 5, 1824 

of supporting, with the income thereof, the preaching 
of the Gospel, and for other benevolent and religious 
purposes ; and that the property which has hereto- 
fore been bequeathed or otherwise given to the 
South Church in Dedham, and now in possession of 
the Deacons of said Church, shall hereafter be held 
by said body politic, subject to all the conditions, and 
under all the trusts, that were annexed to such be- 
quest and gifts by the donors thereof. 

Sec. .3. Be it further enacted^ That said body pO' 
Officers. litic shall, at their first meeting, elect a Clerk, a 
Treasurer and a Committee of three, with such pow- 
ers as shall be prescribed by the by-laws of said bod}^ 
politic ; and that the first meeting thereof, may be 
called by William Cogswell above-named, by posting 
a notification thereof, eight days before the time ap- 
pointed for such meeting, in the meeting house, in 
the South Parish in Dedham. 

[Approved by the Governor, June 5th, 1824.] 



CHAP. n. 

An Act in further addition to an Act for incorpora- 
ting the Proprietors of the Boston Pier, otherwise 
called the Long-wharf, in the Town of Boston. 

-DE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
^l^^^^l ^'''"'^' the authority of the same. That the Proprietors of 
Boston Pier, or Long-wharf, so called, in the Town 
of Boston, now the City of Boston, be, and they are 
hereby declared capable in law, in their corporate 
name and capacity, to purchase, and to have, hold 
and enjoy any and all such lands, tenements, and he- 
reditaments, and the rents, profits and benefits there- 



HERRINGS AND ALEWIVES. June 5, 1824. 419 

of, as the same Proprietors shall judg;e necessary, or 
expedient for the improvement of said wharf, for 
widening or improving the passages thereto ; provi- 
ded that such lands, tenements, and hereditaments f/^^tion.^^^ '" 
so to be purchased and held, in addition to the real 
estate now held by said Proprietors, at the time of 
the purchase thereof, shall not exceed in value the capital. 
sum of one hundred thousand dollars. 

[Approved by the Governor, June 5th, 1824.] 



CHAP. HI. 

An Act in addition to an Act, entitled " an Act to 
regulate the exportation of Smoaked Herring and 
Alewives." 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, all Smoaked Hernngs and Ale- 
wives, arrivino; from any town in the State of Maine,„ , ^ ... 

,' c) J ' Exported with- 

may be exported m any vessel or vessels, to any port out reinspec- 
or ports in the United States, or to any foreign port"°"' 
or ports, without being reinspected. 

Sec. 2. Be it further enacted, That an}^ act now 
in force, that is contrary to the provisions of this act, 
be, and the same is hereby repealed. 

[Approved by the Governor, June 5th, 1824.] 



420 PRESBY. CHURCH IN SALEM. June bth, 1824. 

CHAP. IV. 

An Act in addition to an Act, entitled An Act to in- 
corporate the Proprietors of the Branch Church in 
Salem, in the County of Essex. 

Sec. 1. Jl#E it enacted by the Senate and House of 
Represenlf^f'ives in General Court assembled^ and by 
the authority of the same, That the corporation afore- 
said, shall, from and after the passing of this Act, be 
Name. known and called by the name of " The first Presby- 

terian Church in vSalem," any thing in the said Act, 
to which this Act is in addition, to the contrary not- 
withstanding. 

Sec. 2. Be it further enacted, Tliat said Corpora- 
tion shall be, and hereby are vested with, and entit- 
^ . led to all the powers, privileges, ric^hts and immuni- 

leges, &c. ties, under their said corporate name oi " ine l^irst 
Presbyterian Church in Salem," and shall also be 
subject to all the duties and liabiHties to which they 
are entitled and subject by the said Act to which this 
Act is in addition. 

[Approved by the Governor, June 5th, 1824.] 



CHAP. V. 

An Act establishing a Corporation by the name of 
the East India Marine Hall Corporation. 

Sec. 1. JjE it enacted by the Senate and House of 

Representatives in General Court assembled, and by 

the authority of the same, That Stephen Phillips, John 

Persons incor- Andrcw, Abijah Northey, Nathaniel L. Rogers, and 

porated. Samucl Red, and all such persons as may hereafter 

associate with them as proprietors, their successors. 



SALEM E. I. MARINE HALL COR. June 7, 1824. 421 

and assigns shall be, and hereby are constituted a 
body politic and corporate, by the name of the East 
India Marine Hall Corporation, and by that name 
may sue and be sued, plead and be impleaded, defend 
and be defended in any Courts of Record, or in any 
other place whatsoever, and shall and may do and 
suffer all matters, acts and things, which bodies poli- 
tic ought to do and suffer and shall have power to p^^^^. 
make, have, and use a common seal, and the same 
again at pleasure to break, alter and renew, and also 
to ordain, establish and put in execution such b} -laws, 
ordinances and regulations as to them shall appear 
necessary and convenient for the government of said 
Corporation, and for the prudent management of their ^°^^''"™^"*- 
property and affairs ; and for the breach of such by- 
laws, ordinances and regulations may order fines 
and penalties, not exceeding ten dollars for every 
breach : Provided, that such by-laws, ordinances and Proviso, 
regulations shall not be repugnant to the laws of this 
Commonwealth. 

Sec. 2. Be it further enacted, That the said Cor- 
poration, shall be, and hereby is declared capable to 
purchase, have, hold and possess any lands, tene- 
ments or hereditaments, not exceeding fifty thousand Capita], 
dollars in value, lying in the town of Salem in the 
County of Essex, and shall have power to erect any 
houses aad other buildings, on any real estate 
owned by them, and shall have power to grant, sell 
and alien in fee simple or otherwise, the said corpo- 
rate property or any part thereof, and to lease, ex- 
change, manage and improve the same according to 
their will and pleasure. And the rents, profits, and 
receipts, which may accrue from the improvements, 
leasing or other management of the corporate prop- 
erty aforesaid, may and shall, once at least in every . 
year, be divided among the proprietors according to 
their respective shares. 

Sec. 3. Be it further enacted, That said proprietors 
may, at any legal meeting, agree upon the number of 
shares into which said estate shall be divided, not ex- 



422 SALEM E. I. MARINE HALL COR. June 7, 1824. 

fhres"""^ ceediiig two hundred and fifty, of which the Salem 
East India Marine Society, shall be entitled to hold 
any number which it ma_y choose to take or purchase ; 
and may agree upon the form of certificates to be 
given to the proprietors, of the number of shares by 
them respectively held, and upon the mode and con- 
ditions of transferring the same ; which shares shall 
be held and considered as personal estate, to all in- 
tents and purposes whatsoever ; the said proprietors 
Assessments, shall also liavc power to assess on each share, such 
sums of money as may be deemed necessary for pur- 
chasing any lands, tenements or hereditaments for the 
use of the Corporation, and for repairing and erecting 
houses and other buildings, on any part of their real 
estate ; and generally for the improvement and good 
management of their said estate, agreeably to the 
true intent of this act ; and to sell and dispose of the 
same shares, or of the shares of any delinquent propri- 
etor, for the payment of assessments, in such way and 
manner, as said corporation may, by their by-laws and 

Proviso. regulations, determine and agree upon : Provided, 
however, that the value of the houses and buildings, 
which may be owned by the said corporation at any 
one time, shall not exceed fift}' thousand dollars, ex- 

<ive'of delts" cluslvc of such as may be taken as securit}^ for debts 
due to them. 

Sec. 4. Be it further enacted, That all meetings of 

Meetings the Corporation shall be called in such manner as the 
by-laws and regulations thereof shall provide, and 
there shall be an annual meeting at some time and 
place to be prescribed by such by-laws and regula- 
tions, at which there shall be chosen a President, and 
three Directors, and such other officers as the pro- 
prietors may deem meet; But no person shall be 
eligible as President or as a Director, who is not a 
member of the Salem East India Marine Society ; 
and in case of any vacancy in any office, before the 
annual meeting, the proprietors may, at a special 

Vacancy, how meeting to be called for that purpose, proceed to fill 
such vacant office, and the person so chosen and ac- 



SALEM E. I. MARINE HALL COR. June 7, 1824. 423 

cepting, shall, unless otherwise removable, hold the 
same until the next annual meetins: : And at all 
meetings of the Corporation, the Salem East India 
Marine Society, shall be entitled to one vote for ev- 
ery two shares owned by the same Society, and eve- 
ry other proprietor shall be entitled to one vote for 
every share owned by him, but in no case to have 
more than ten votes: Provided however, That no Proviso, 
person shall be entitled to vote at any meeting of the 
Corporation, who shall not at the time, be a member 
of the said Salem East India Marine Society. 

Sec. 5. Be it further enacted, That the President osiceis, time 
and Directors shall hold their offices during oneyear,po^''e7s"l^c. 
and until others are chosen in their stead ; and a 
majority of the persons so being President and Di- 
rectors, shall constitute a Quorum for transacting bu- 
siness, and the said President and Directors shall 
have the management of the property and other pru- 
dential concerns of the Corporation, and shall exer- 
cise such other powers and authorities as shall from 
time to time, be entrusted to them by the Corpora- 
tion, by their by-laws or otherwise. 

Sec. 6. Be it further enacted, That Stephen Phil- 
lips, John Andrew, and Abijah Northey, or any two 
of them, shall have authority to call the first meeting First meeting. 
of the said Corporation, by advertising the same in 
some public News-Paper, printed in the town of Sa- 
lem, at least ten days before the time of meeting, and 
at that or any other meeting, the proprietors may 
proceed to choose a President, Directors, Treasurer, officers, and 
Clerk, and other officers, to serve until others shall *^i<^''''^^^'"^"- 
be chosen in their stead, and to make such b3^-laws 
and rules, for the government of the Corporation and 
management of its concerns, as to them shall seem 
meet, and to authorize the President, and Directors, 
to purchase any real estate, erect houses and other 
buildings, levy and collect assessments, sell delin- 
quents shares, and generally to do and transact all 
and every business which the Corporation is by this 
Charter authorized to transact. 

[Approved by the Governor, June 7th, 1824.] 

57 



424 MONI. SCHOOL IN BOSTON. 

CHAP. VI. 



June 8, 1824. 



An Act to incorporate the Proprietors of the Monito- 
rial School in Boston. 



Name. 



Estate, real 
and personal 



Sec. 1. jjE it enacted by the Senate and House of 
Representatives in general Court assembled, and by 
^111°^^'^"°^' the authority of the same, That James Savage, Jona- 
than Phillips, Francis J. Oliver, John S. Foster, and 
their associates and successors, be and hereby are in- 
corporated and made a body politic, by the name and 
style of the Proprietors of the Monitorial School, in 
the City of Boston, with power to hold real Estate, 
not exceeding the Amount of twelve hundred dollars 
annual income, and personal Estate not exceeding 
the amount of three thousand dollars annual income, 
for the establishment and support of one or more 
Schools for instruction of youth of both sexes on the 
Monitorial System or principle of Mutual Instruction, 
with such additions and improvements as experience 
may justify. 

Sec. 2. Be it further enacted, That the Stock of 
said Corporation may be divided into as many shares, 
of the value of twenty dollars each, as to the associ- 
ates may seem expedient, and may be entitled to 
such privileges and subject to such restrictions as 
they shall direct and establish ; Provided hoivever, 
That such rules and regulations shall not be repug- 
nant to the Constitution and laws of this Common- 
wealth. 

Sec. 3. Be it further enacted, That the first meet- 
First Meeting, i^^g ^^ ^aid Corporation shall be holden after three 
days notice in two News-Papers in the City of Bos- 
ton, by any two of the persons named in the first 
section of this Act. 

[Approved by the Governor, June 8th, 1824.] 



Number of 
shares. 



Proviso. 



MER. CANAL— PRO. COURTS. June 9, 1824. 425^ 

CHAP. VII. 

An Act to extend the term for the proprietors of the 
Merrimack Canal to open and complete the same. 

J5E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the proprietors of the 
Merrimack Canal be, and they hereby are allowed a 
further time of six years, from and after the nine- Time, 
teenth day of June, Avhich will be in the year of our 
Lord one thousand eight hundred and twenty-five, 
to open and cut said Canal, and to do all things, which 
in and by their act of incorporation they are autho- 
rized to do, and on tlie same terms, an}^ limitation in 
the said act of incorporation to the contrary notwith- 
standing. 

[Approved by the Governor, June 9th, 1824.] 



CHAP. VIII. 

An Act providing for holding the Probate Courts al- 
ternately at Uxbridge and Mendon, in the County 
of Worcester. 

xSE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That from and after the 
passing of this act, the annual May and November ^^^.^ 
terms of the Probate Courts, which have heretofore 
been holden at Uxbridge, shall be holden alternately 
in Uxbridge and in the first parish in Mendon. 

[Approved by the Governor, June 12th, 1824. J 



426 MERCHANTS' BANK. 

CHAP. IX. 



June 12, 1824. 



An Act in addition to an Act, to incorporate the Pre- 
sident, Directors, and Company of the Merchants' 
Bank. 

Sec. 1. JlJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the President, Direc- 
tors and Companj^ of the Merchants' Bank, be, and 
Increase oF hereby are authorized and empowered to increase their 
Capital Stock, present Capital Stock, by an addition of one hundred 
thousand dollars thereto, in shares of one hundred dol- 
lars each, which shall be paid in, in such instalments, and 
at such times, and shall be so disposed of, as a majority 
of the Stockholders at any legal meeting, may direct 
and determine : Provided however, That the whole 
amount shall be paid in on or before the first day of 
November next. 

Sec. 2. Be it further enacted, That the additional 
Stock aforesaid shall be subject to the like tax, reg- 
ulations, restrictions and provisions, as the Capital 
Stock of said Corporation is now liable to, by virtue 
of the Act to which this is in addition. 

[Approved by the Governor, June 12th, 1824.] 



Proviso. 



Sua^ect to. 



Trustees. 



CHAP. X. 

An Act to incorporate the Trustees of the Ministerial 
Fund of the Congregational Society in the Town 
of Leicester. 

Sec 1. JoE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That Nathaniel P. Denny, 
Austin Flint, Henry Sargent, John Sargent, and Josh- 



CON. SOCIETY IN LEICESTER. June 12, 1824. 427 

ua Murdock, be, and they are hereby constituted a 
body politic and corporate, by the name of the Trus-Name. 
tees of the Ministerial Fund, belonging to the Congre- 
gational Society in the town of Leicester ; and by that 
name shall have perpetual succession, and may sue 
and be sued, plead and be impleaded, may have a 
common seal, and shall possess and enjoy such other 
powers and privileges as are incident to Corporations Powers, &e. 
of a like nature. 

Sec. 2. Be it further enacted, That the said Trus- 
tees shall have power to take and receive in their 
hands and possession, the whole of the funds at pre- Present funds. 
sent belonging to said Society, and may receive and 
hold such further subscriptions, donations, grants, be- 
quests, and devises, as may hereafter be made to 
them, or the inhabitants of said Society, the interest of 
which fund, shall be forever appropriated annually to- 
wards the support of such Congregational Minister as 
shall or may, from time to time, be ordained over the 
Church and said Society, in said town ; provided the 
annual income of said fund shall not exceed two stipulated in^ 
thousand dollars; and provided also, that if the in- '^°'"^* 
come of said fund shall at any time, exceed the an- 
nual salary of the Minister, the surplus may be ap- 
propriated under a vote of said Society to the pro- 
motion and encouragement of Church Music, or oth- 
er parochial charges. 

Sec. 3. Be it further enacted, That the inhabitants 
of said Society, at any legal meeting called for that 
purpose, within one year from the passing this Act, 
may increase the number of Trustees, by electing, beTncreas^? 
by ballot, an additional number from said Society, 
not exceeding two, to those named in this Act. And 
if the said inhabitants shall neglect to make such 
election, the Trustees herein named, are hereby au- 
thorized, if they see fit, to choose one additional 
Trustee, so that the whole number shall never ex-^'^'"^^' 
ceed seven, nor be less than five ; and in all meetings 
the attendance of a majority of the Board of Trus- 
tees shall be requisite for the transaction of business. 



428 CON. SOCIETY IN LEICESTER. June 12,1824. 

Sec. 4. Be it further enacted, That whenever any 
vacancies,how vacancy shall happen among said Trustees, by death, 
resignation, removal or otherwise, the said Trustees 
are authorized and directed, at their next meeting, to 
elect some suitable member of said Society to fill up 
the vacancy in their Board. 

Sec. 5. Be it further enacted, That the said Trus- 
tees shall appoint a Clerk, who shall be under oath 
Clerk anil faithfully to rccord all the votes and transactions of 
dutler'^'"^' the Board, and a Treasurer, who shall give bond to 
the Trustees and their successors, with sufficient 
surety, conditioned to do and perform all the duties 
incumbent on him as Treasurer, which officers shall 
hold their respective offices until others shall be chos- 
en and qualified to succeed them. 

Sec. 6. Be it further enacted, That the records 
and proceeding of the Trustees shall at all times be 
open to the inspection of any Committee that may 
be appointed for that purpose on behalf of the Soci- 
ety ; and Trustees shall whenever called upon by 
vote of the Society, make a report of the State of the 
fund ; and if the said Trustees, or either of them, 
shall suffer the said fund to be impaired or diminish- 
ed through their personal misconduct or misapplica- 
tion, they shall be severally responsible to the Soci- 
ety to make good such loss out of their private 
estate. 

Sec. 7. Be it further enacted, That Austin Flint, 
Esqr. be, and he hereby is authorized to call the first 
meeting of said Trustees. 

[Approved by the Governor, June 12th, 1824.] 



MAN. INS. COM.— AT, INS. COM. June 12, 1824. 429 

CHAP. XI. 

An Act in addition to An act, entitled " An act to in- 
corporate the Manufacturers' Insurance Company 
of Boston." 

-tSE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the said Manufactur- ^ ^^ 
ers' Insurance Company be, and they are liereby in- by""and subject 
vested with all the powers and privileges, and subject ^°''*^°''°'*"''"'^- 
to all the restrictions and obligations contained in a 
law of tliis Commonwealth, passed on the tenth day 
of February, in the year of our Lord one thousand 
eight hundred and twenty-three, entitled " An act 
to incorporate the Franklin Insurance Company in 
Boston." 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XII. 

An Act in addition to an Act, entitled an Act incor- 
porating the Atlas Insurance Company. 

Sec. 1. Jl>E zY enacted by the Senate, and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this Act, the said Atlas Insurance Compa- ^ 

ny shall be, and hereby is authorized and empowered 
to purchase, hold and convey real estate, for the usCj^^^jg^^^^^ 
and benefit of said Company, to and of the value of 
one hundred thousand dollars. """^ " 

Sec. 2. Be it further enacted, That the Stock, 
property, affairs and concerns of said Company shall 
be managed by Fifteen Directors. DrrTctors° 



430 CENTRAL TURNPIKE COR. June 12, 1824. 

Sec. 3. Be it further enacted, That so much of the 
aforesaid Act, incorporating the Atlas Insurance 
Company as is inconsistent with this Act, be and 
hereby is repealed. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XIII. 

An Act to establish the Central Turnpike Corpo- 
ration. 

Sec. 1. JlJE it enacted by the Senate and House of 
Represefitatives in General Court assembled, and by 
the authority of the same, That Samuel Slater, Jona- 
Personsincoi-*^^" Davis, Joseph Valentine, Eli Warren, John 
porated. Brown, Sylvanus Holbrook, Daniel Tourtilot, and 
John J. Clark, together with such others as have as- 
sociated or may hereafter associate with them, their 
successors and assigns, be and hereby are made a 
corporation by the name of the Central Turnpike 
Corporation, for the purpose of making a Turnpike 
Route. road, from the Worcester Turnpike road, by White 

and Sargent's, in Needham, in the County of Norfolk, 
in the best direction through Natick, to the Southerly 
end of Farm Pond, in Framingham, in the County of 
Middlesex, or to begin at said Worcester Turnpike, 
a little west of Natick Pond, so called, thence in the 
best course to intersect the first named route, at the 
Southerly end of said Farm Pond, as the locating 
Committee shall judge most fit and proper ; thence 
in the best course to Jones's Mills, in said Framing- 
ham. ; thence in the best direction to Hopkinton 
Meeting-House ; thence in the best course to Samu- 
el Forbush, Jr. in Upton, in the County of Worces- 
ter ; thence, in the best direction, to the House for- 
merly kept by Lovel Baker, in said Upton, thence in 



CENTRAL TURNPIKE COR. June 12, 1824. 431 

the best course to or near tlie Fowler or Southwick 
Bridge, over Blackstone river, near Sylvanus Hol- 
brook's Factory in Northbridge, thence in the best 
direction to Jason Waters, in Sutton ; thence in the 
best course to Samuel Slater's Factory Village in Ox- 
ford and Dudley ; thence in the best direction to the 
line between the States of Massachusetts and Con- 
necticut, running near Phipps' and Buckston's dwel- 
ling houses, and shall have the right to erect four 
whole srates, and shall have all the powers and priv-u 

•1 J 1 II 1 1 1 - !t I 1 • * Powers, pnvi- 

ileges, and shaJl also be subject to all the duties, re-ieges.andpen- 
quirements and penalties, prescribed and contained "*'""' 
in " an Act defining the general powers and duties 
of Turnpike Corporations and the several Acts in 
addition thereto." 

Sec. 2. Be it further enacted, That the Stock of 
said Corporation, shall be divided into four hundred shares, nmn- 
shares of seventy-five dollars each, and every person ho'^paid^'ib"'^ 
Avho may subscribe for any share in said Corporation 
shall bind himself and his heirs to the payment of the 
sum of seventy-five dollars on each and ever}^ share 
for which he may subscribe, payable in such instal- 
ments as the Corporation, by their vote, may direct j 
and no person shall be holden to pay a greater sum 
than seventy-five dollars on any share by him sub- 
scribed for, in the Stock of said Corporation. Fro- Proviso. 
vided nevertheless, That if the proceeds of said four 
hundred shares shall be insufficient to defray the ex- 
pense of completing said Turnpike Road, and keeping- 
the same in repair, the said Corporation shall have po^^,er to in- 
power and authority to increase the number of shares <=5;'"''««^ "^^ 
to such an extent as they may deem necessary for 
the purposes aforesaid. 

Sec. 3. And be it further enacted, That the Com- 
mittee who where appointed to view said route, be a LocatmgCom- 
Committee, at the expense of the Corporation, to la}^ 2^"^^' ^^^^^^' 
out or locate said Turnpike Road, who shall be invest- 
ed with the same powers, observe the same rules, 
be under the same restrictions, perform the same du- 
ties, and make return of such part of their doings to 
the Court of General Sessions of the Peace, within 
58 



432 COLUMBIAN BANK. June 12, 1824. 

and for the respective Counties in which said road is 
situated, in the same manner as is provided by law 
for Committees appointed by said Court foi laying 
out public highways, any law or usage contrary to the 
provisions of the above section notwithstanding. 

[Approved by the Governor, June 12th, 1824.] ' 



CHAP. XIV. 

An Act in addition to an Act to incorporate the Pres- 
ident, Directors and Company of the Columbian 
Bank. 

JlJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That so much of the tenth 
section of the act, incorporating the President, Direc- 
Repeai. tors and Company of the Columbian Bank, as prohib- 
its them from paying or receiving any bill or note of 
any other Bank, for any less sum than the nominal 
value expressed in such bill or note, be and the same 
is hereby repealed. 

[Approved by the Governor, June 12th, 1824.] 



CAM. & WAT. TURNPIKE ROAD. June 12, 1824. 433 

CHAP. XV. 

An Act to authorize the Proprietors of West Boston 
Bridge to establish a Turnpike Road from Cam- 
bridge to Watertown. 

Sec. 1. JJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the Proprietors of 
the West Boston Bridge, be, and they are hereby au- 
thorized and empowered to make and estabhsh a 
Turnpike Road from a point in the old road in said 
Cambridge, near the store of Edmund T. Hastings, 
in nearly a straight line, crossing Charles' river by a 
bridge, to a point in the old road, near the dwelling ^°"''^' 
house of James Hovey, in Brighton ; thence in a di- 
rection nearly in the course of the old road, to a point 
therein, near the dwelling house of John Herrick, in 
said Brighton; thence across Charles' river,by a bridge 
passing northerly of the United States' Arsenal, and 
entering the square in Watertown, northerly of the 
Watertown Turnpike, under the direction of the Lo- 
cating Committee, and with the consent of any per- 
son or persons through whose premises said road 
shall pass, bounding on the old road or square in Wa- 
tertown; with all the powers and privileges, and sub- Powers, &c. 
ject to all the requisitions and penalties established 
by the Act, entitled an Act defining the general pow- 
ers and duties of Turnpike Corporations, and the se- 
veral acts in addition thereto ; said road over the 
marshes to be laid out of such width as the Locating 
Committee may deem necessary and expedient, for 
the making and security thereof: Provided, That Proviso, 
neither the towns of Watertown, Cambridge or Brigh- 
ton, shall ever be compelled ever to support any part 
of said road or bridges without their own consent : — 
Provided, also, That said Proprietors shall be re- 
quired to erect a drawer for the passage of vessels in 
the bridge leading from Cambridge to Brighton, of 
the same dimensions, and upon the same conditions 



434 CAM. & WAT. TURNPIKE ROAD. June 12, 1824 

as are prescribed for the erection of a drawer, in the 
Acl, entitled an Act incorporating certain persons for 
the purpose of building a bridge over Charles' river, 
between Cambridge and Brighton, in the County of 
Middlesex, passed March second, in the year of our 
Lord ono thousand eight hundred and eight: ^nd 
provided, also, That said Proprietors shall be required 
to erect a drawer in the other bridge, granted by this 
act, leading from Brighton to Watertown, of the same 
dimensions and upon the same conditions as above 
prescribed for the erection of the other drawer, when- 
ever there shall be erected and established a drawer 
in the old bridge leading from Cambridge to Brigh- 
ton. 

Sec. 2. Be it further enacted, That the Joint Com- 
mittee of the Senate and House of Representatives, 
for the time being, on the subject of Bridges, Turn- 
pikes and Canals, or a majority of them, be, and they 
hereby are authorized to perform all the duties of a 
Committee, Committee for laying out the road hereb}' granted, 
and for assessing the damages which may be occa- 
sioned by the establishment of said road and bridges 
to any individuals whose lands may be taken therefor, 
and to the town of Brighton, in their rights of fisli- 
ing in Charles' river, if any ; and theii return made to 
the Court of Sessions in the County of Middlesex, 
shall be effectual in law, as that of an}^ Committee 
which might be appointed by said Court of Sessions 
for the same purpose, saving to either party the right 
of tiial by Jury, as is provided by the General Turn- 
pike act. 

Sec. 3. Be it further enacted, That said Proprie- 
tors of West Boston Bridge, be, and they are hereby 
authorized to erect a Toll Gate, upon any part of said 
road, which they may find most convenient for col- 
lecting tolls, and shall be entitled to demand and re- 
ceive from each traveller or passenger the same 
amount of tolls which the ninth Massachusetts Turn- 
pike Corporation is now authorized to receive at its 
gates in Bellingham, by an act passed on the eighth 
day of February in the year of our Lord one thousand 



and their du- 
ties, 



SIDE WALKS IN CHARLEST'N. June 12, 1824. 435 

eight hundred and twenty-two, and no greater: Pro-P'oviso, 
vided^ however^ That the Legislature may at any time 
reduce the toll, so that the net proceeds thereof may 
not exceed six per cent per annum, of the cost of 
said road and bridges, calculating upon the average 
dividends of three preceding years. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XVI. 

An Act to regulate the Side Walks in the town of 
Charlestown. 

Sec. 1. ijE it enacted by the Senate and House of 
Representatives in General Cotirt assembled^ and by 
the authority of the same, That in all streets which 
shall hereafter be paved in the town of Charlestown, 
the side walks shall be made according to the follow- 
ing regulations, viz : The foot path or side walk on ^Regulations. 
each side of the street, shall be of a breadth not ex- 
ceeding one sixth part of the whole width of the street, 
and shall be paved with brick or flat stone, and shall 
be secured with good and sufficient hammered edge 
stone on the out side of the same. 

Sec. 2. Be it further enacted, That whenever the 
town shall direct the paving of any public street as owners' du- 
aforesaid, each and every owner or owners of a lot or 
lots of land adjoining the same, shall without delay, 
at his or her own expense, cause the side walk in 
front of his or her land, to be paved with brick or 
flat stone, and supported by hammered edge stone, 
and kept in repair, the same to be done under the di- 
rection, and to the acceptance of the Surveyors of 
the Highways. And if the owner or owners of such 
lot or lots shall neglect or refuse to pave and support [ecror iSaT 
the side walk as aforesaid, for the space of twenty 



436 SIDE WALKS IN CHARLEST'N. June 12, 1824. 

days after he or she, or the tenant of such lot or 
lots, or the attorney of such owner or owners, shall 
have been thereto required, by any of the Surveyors 
of Highways, then it shall be lawful for said Survey- 
ors, and they are hereby enjoined and required to 
pave and support the same in manner aforesaid, or to 
repair the same, and shall recover the whole amount 

Expense, how of the expense thereof, by action of the case, to be 
brought by the Surveyors of Highways, before any 

Proviso. Court, proper to try the same. Provided,^ nevertheless, 
That whenever in the opinion of the Selectmen, any 
owner or owners of any lot on such street, shall be 
unable to comply with the foregoing requisitions, the 
said Selectmen may direct the Surveyors of High- 
ways to cause such side walk to be made at the ex- 
pense of the town : Provided, also, That when there 
are any vacant lots of land on any such street, the 
Surveyors of Highways may at their discretion, al- 
low the owner or owners thereof, to cover the side 
walk with plank, and support the same with timber, 
whicli shall be removed, and the edge stone, and 
brick or flat stone pavement be completed, whenever 
in the judgement of said Surveyors, it shall become 
necessary. 

Sec. 3. Be it further enacted. That no canopy, bal- 

«y,Tc!' ^ ''°* cony, portico or door steps, hereafter erected, in any 
street, lane or alley, in the town of Charlestown, shall 
project into such street, lane or alley more than one 

Width and twelfth part of the width thereof, and in no case more 

how built. \\^2Ji three feet, and all cellar doors hereafter made 
or repaired, shall be built with upright cheeks, which 
shall not project from the line of the house, into the 
street, lane or alley, more than nine inches, nor shall 
the platform of the same rise above the level of the 

In case of ncij- side Walk. And if any proprietor, owner or owners, 

lector refusal, gj^jill ercct any canopy, balcony, portico, cellar door, 
door step, or other obstruction, contrary to the provi- 
sions of this Act, and shall refuse or neglect to re- 
move or take down the same, within five days after 
having been directed and required thereto, by any of 
the Surveyors of Highways, such proprietors, owner 



D. LINE BE. S. HAD. & GRANBY. June 12, 1824. 437 

or owners shall forfeit and pay the sum of two dol- Forfeit, 
lars for each and every day the same shall remain, 
after the expiration of the said five days. 

Sec. 4. Be it furthef enacted, That all forfeitures 
and fines which may be recovered in pursuance of 
this Act, shall go, and be distributed, one moiety distribution of 
thereof to the poor of the town of Charlestown, and fines, 
the other moiety to the Surveyors of Highways. 

[Approved by the Governor, July 12th, 1824.] 



CHAP. XVH. 

An Act to repeal the second section of an Act, entit- 
led " an Act for altering the dividing line between 
the towns of South Hadley and Granby," and to 
establish the line between said towns. 

1>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That the second section of 
an Act, entitled " an Act, for altering the dividing 
line between the towns of South Hadley and Granby," 
passed on the twenty-eighth day of June, in the year 
of our Lord, one thousand seven hundred and eighty- 
one, be and the same is hereby repealed ; and thatjj , 
in future the dividing line between said towns shall 
be as follows, viz : Beginning at a Pine Tree, now a Dividing lin? 
boundary between said towns, standing on Springfield '"'^"^"'^*^ 
line, about half a mile west of Stoney Brook, so called^ 
thence running northwardly a direct course to the 
parting of the roads on the north side of Bachelors' 
Brook, near the Sand Banks, so called, one of said 
roads leading to Amherst and the other to Granby ; 
and from thence to continue straight forward, the same 
point of compass, to Hadley oounds. 

[Approved by the Governor, June 12th, 1824.] 



438 E. BANK.— C. U. SOCI. IN HAVER. June 12, 1824. 

CHAP. xvni. 

An Act in addition to " an Act to incorporate the 
President, Directors and Company of the Eagle 
Bank." 

-OE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That so much of the tenth 
section of the Act incorporating; the President, Direc- 
tors and Company of the Eagle Bank, as prohibits 
Repeal. them from paying or receiving any bill or note of any 
other bank, for any less sum than the nominal value 
expressed in such bill or note, be, and the same is 
hereby repealed. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XIX. 

An Act to incorporate the Christian Union Society 
in Haverhill. 

Sec. 1. x5e it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Thomas Plummer, 
Henry Plummer, Hiram Plummer and Abel Nichols, 
iorated! '"""' and all others who may associate with them, and their 
successors, be, and they hereby are incorporated as a 
religious society, by the name of the Christian Union 
Name, privile- Society in thc town of Haverhill, with all the privile- 
ge's, powers, ggs^ powers and immunities to which other religious 
societies in this Commonwealth are entitled by law. 
Sec. 2. Be it further enacted. That the said socie- 
Hoiding.&c.ofty shall be capable in law, to purchase, hold and dis- 
estate. p^gg ^f ^^^ estate, real or personal, for the use of 



Persons incor- 



SUFFOLK INSUR. COMPANY. June 12, 1824 439 

said society, provided the aimuarincome thereof shall 
not exceed, at any time, the value of One Thousand 
Dollars. 

Sec. 3. Be it further enacted., That any Justice of 
the Peace for the County of Essex, be, and he here- 
by is authorized to issue his warrant to some member 
of said Society, requiring him to warn the members 
thereof to meet at such convenient time and place, in fleeting for 
said town, as shall be therein directed, to choose acers!^° 
Moderator, a Clerk, a Treasurer, and such other Offi- 
cers, Committee or Committees as they shall deem 
needful. 

[Approved by the Governor, June 12th, 1821] 



CHAP. XX. 

An Act in addition to an Act, entitled " an Act to in. 
corporate the Suffolk Insurance Company." 

-OE it enacted by the Senate and House of 
Representatives in General Court assembled.^ and by 
the authority of the same, That the Suffolk Insurance 
Company, incorporated in the year of our Lord, one 
thousand eight hundred and eighteen, be, and is 
hereby authorized to have and hold real estate, (ex- J^Jj^f* '^^j^J^jJi. 
elusive of mortgages), to the value of one hundred ue. 
thousand dollars, any thing in the Act to which this 
is in addition to the contrary notwithstanding. 

[Approved by the Governor, June 12th5 1824.] 



59 



440 PLYM. CORDAGE COMPANY. June 12, 1&^4 

CHAP. XXI. 

An Act to incorporate the Plymouth Cordage Com- 
pany. 

Sec. 1. -t5E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
Persons incor-/^e authority of the same, That Bourne Spooner, 
^°^^ ^' ' William Lovering, Jr. John Dodd, and John Russell, 
together with such others as may be associated with 
them, and their successors, be, and they are hereby 
made a corporation by the namq of the Plymouth 
Cordage Company, for the purpose of manufacturing 
cordage ; and for that purpose shall have all the pow- 
Ees^'^&cr' " ^^^ ^^^ privileges, and also be subject to all the du- 
ties and requirements, prescribed and contained in an 
Act, passed the third day of March, in the year of 
our Lord one thousand eight hundred and nine, en- 
titled " an Act defining the general powers and du- 
ties of manufacturing Companies," and the several 
Acts in addition thereto. 

Sec. 2. Be it further enacted, That the said Cor- 
Capitaiines- poration may be lawfully seized and possessed of 
^^^' such real estate, not exceeding the value of twenty- 

thousand dollars, and such personal estate, not ex- 
ceeding the value of sixty thousand dollars, as may 
be necessary and convenient for carrying on the 
manufacture of Cordage. 

{Approved by the Governor, June 12th, 1824.] 



GREEN FOUNDA— SHERIFFS. June 12, 1824. 44t 

CHAP. XXII. 

An Act in addition to an Act, entitled " an Act, to in- 
corporate the Trustees of the Green Foundation." 

Sec. 1. JlJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That an e final, be annexed Annexing e to 
to the name of Green, in the style and title of said^''^'^"- 
Corporation, and also to said name wherever it occurs 
in said Act, so that tlie same may be read and under- 
stood to be Greene. 

Sec. 2. Be it further enacted, That not less than 
nine of the Trustees of said Corporation shall consti- Trustees, 
tute a board for doins; business, and the concurrence P''"i^":f°'''^°- 

f 1 1 • 1 f 1 ri-( '"o business. 

01 at least two thirds oi the i rustees present at any 
meeting, shall be requisite to every act and' proceed- 
ing whatever, except the adjournment of a meeting, 
for which purpose a majority of any number present, 
shall be sufficient ; any thing in the Act to which this 
is in addition to the contrary notwithstanding. 

Sec. 3. Be it further enacted, That all transactions 
of said Trustees, in which the name of Greene lias 
been heretofore used with a final e, shall be as valid ^^^/^"f^^g^ "^ 
in law as though the said name had been spelt as in used. 
the Act to which this is in addition. 

[^Approved by the Governor, June 12th, 1824.] 



CHAP. XXIII. 

An Act in addition to an Act entitled " an Act in ad- 
dition to an Act defining the general powers and 
duties, and regulating the Office of Sheriff." 

-DE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That whenever any surety g^jj.g^jg^ 
or sureties upon any bond given by any Sheriff to 



442 ^\nEST PARI. IN WEST NEWB. June 12, 1824, 

the Treasurer of this Commonwealth, or the heirs^ 
executors or administrators of any such surety or 
sureties, shall petition the Justices of the Court of 
Common Pleas, at any term thereof in the County of 
such Sheriff, that he or they may be discharged from 
any further responsibility upon such bond, the said 
Court shall cause a record of sucli petition to be 
made by the Clerk of said Court, and shall cause such 
Sheriff to be^ served with an attested copy of such 
record, and shall require said Sheriff to procure and 
give new security, to the satisfaction of said Court, at 
the next term thereof, in the Count}' of said Sheriff; 
and upon such new security being given, such surety 
or sureties, their heirs, executors and administiators, 
shall be discharged from any further responsibility 
on said bond. 

Sec. 2. Be it further enacted, That if any Sheriff 
In case of neg. shall ueglcct or rcfusc to give the ue^v security, 
lector refusal, ^jjj^lj may be required by the Court aforesaid, and 
at the term thereof required by this Act, he shall be 
liable to the same forfeitures, to be recovered in like 
manner, and subject to removal from Office in the 
same way, and to be proceeded against in the same 
manner, in all respects, as are provided in the Act to 
which this is in addition. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XXIV. 

An Act to alter the name of the West Parish in West 
Newbury. 

JlJE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That t!ie Parish in West 
Ntjwbury, which was formerly known and styled as 



SOUTH PARISH IN READING. June 12, 1824. 443 

the third parish in Newbury, shall hereafter be known fj'"''^^'^>' Jjjj: 
and styled the second parish in West Newbury, anded. 
hoid, possess and enjoy all the rights and privileges 
now to then'i belonging, together with all the powers JJ°^j,^|"f^,^"'^ 
inr-dent to parishes, and shall be subject to all the 
liabilities of parishes and precincts. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XXV. 

An Act in addition to an Act entitled an Act to 
establish a fund for the support of the Gospel Min- 
istry in the South Parish, in the town of Reading, 
in the County of Middlesex, and to appoint Trus- 
tees for the management thereof. 

Sec. 1. aSE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the parish shall have 
power at all times to remove any or all the Trustees Trustees, re- 
for inability, negligence or misconduct in the perfor- '"°'^''* °^' 
mance of the duties of their office, and sa'd Trustees „ , , , 

I 1 ir I 1 n 1 now elected. 

shall always be elected irom the members of said 
parish, and whenever any Trustee shall cease to be 
a member of said parish, his office as Trustee, shall 
thereby become vacated, and any vacancy so made, 
and all vacancies which shall happen in the Board of 
Trustees may be filled by the parish, at a legal meet- 
ing for that purpose, and if the parish shall neglect 
to fill any vacancy or vacancies for the space of three Jued""^^'**°^' 
months after the same shall happen, the remaining 
Trustees shall proceed to fill such vacancies imme- 
diately, in like manner. 

Sec. 2. Be it further enacted, That the Trustees of 
the Ministerial Fund are hereby vested with, and en-investment. 



444 BOSTON AVATER POWER COM. June 12, 1824; 

titled to receive all the property which has been 
vested in them by the parish on the condition of the 
passing this Act to be managed agreeably to the Act 
incorporating said Trustees, and this additional Act 
thereto. And said Trustees are hereby empowered 
to loan money in suras of two hundred dollars, and 
under, by taking security of the principal and two 
sufficient sureties and not otherw ise. 

Sec. 3. Be it further enacted^ That the said Trus- 
Minister's sal- tees shall pay to the minister no more than three 
hundred dollars annually, until the annual income 
amount to three hundred and fift}" dollars, and no 
more than three hundred and fifty dollars until the an- 
nual income shall amount to four hundred dollars, and 
no more than four hundred dollars, until tlie annual 
income shall amount to four hundred and fifty dollars ; 
and so on, in like manner, until the annual income 
shall amount to two thousand dollars. 

Sec. 4. Be it further enacted^ That all parts of the 
Act to which this Act is in addition, inconsistent with 
the provisions of this Act, be and the same are here- 
by repealed. 



Repeal. 



[Approved by the Governor, June 12th, 1824.] 



CHAP. XXVI. 

An Act to establish the Boston Water Power 
Company. 

Sec. 1. JoE it enacted by the Senate and House of 

Representatives in General Court assembled, and by 

Persons incor- ^^^ ttuthority of the Same, That Thomas Bartlett, 

poratcd. Horacc Gray and Nathan Parker, with their associa- 

ates, successors and assigns, be, and they hereby are 



BOSTON WATER POWER COM. June 12, 1824. 445 

incorporated under the name of the Boston Water ^^^^'"^'^p"'^' 
Power Company, and by that name may sue and be 
sued, have a common seal, and make by-laws and reg- 
ulations not inconsistent with the Constitution and 
Laws of this Comaionwealth, and may purchase and 
hold any quantity of the water power created by the 
establishment of the dams between Boston and Rox- 
bury, or any lands contiguous to said dams, or with- 
in the limits of the Basins connected therewith or 
either of them, and may make Flumes, Canals, and 
Race-ways, and may construct Mill Wheels, Factories, 
and other buildings and fixtures, at any convenient 
places within the limits aforesaid, and may dispose of 
the same, by lease or otherwise: Provided, however,Pvo\\so. 
That the said Company shall not make any such 
Flume, Canal or Race-way, or construct any such 
Mill-wheel, Factory or other building or fixture 
through or upon the land belonging to any City, 
Town, Company, or Individual, without the consent 
of such owner in writing to be recorded in the Re- 
gistry of Deeds, in the County where the land may 
be ; jlnd Provided, also, That nothing in this act shall Proviso. 
be construed to extend the rights of the water power 
so to be purchased and held under the provisions of 
this act, beyond the rights of water power now pos- 
sessed by the Boston and Roxbury Mill Corporation, 
by virtue of the acts establishing the same, or to alter, 
or prejudice the rights of the City of Boston, or of 
any of the adjacent towns as they now exist. 

Sec. 2. Be it further enacted, That the said Com- 
pany may hold real estate and water power not ex- 
ceeding the value of Three Hundred Thousand Dol- capUai. 
lars, at the time of the purchase thereof, and personal 
estate not exceeding the value of One Hundred Thou- 
sand Dollars. And the first meeting of said Compa- First meeting. 
ny may be called by any one of the persons herein 
named, by public notice, printed in any News-paper 
in the City of Boston, ten days at least before the 
time appointed for such meeting. 

[Approved by the Governor, June 12th, 1824.] 



446 FIRST PARISH IN LYNN. June 12, 1824 

CHAP. XXVII. 

An Act to authorize the members of the First Parish 
in Lynn, to sell real estate, for the purposes therein 
expressed. 

Sec. 1. JBE it enacted by the Senate and House of 

Representatives in General Court assembled, and by 

the authority of the same, That the members of the 

Members, to First Parish in Lynn, whenever they shall deem it 

m£,?reTra. necessary, may by such Committee as they shall ap- 

powered. point, at a legal meeting for that purpose, be, and 

they are hereby authorized and empowered, by and 

with the consent of their Minister for the time being, 

if any there be, to sell and convey such part of said 

lands, or the whole if necessar}^, as shall be sufficient 

to pay all the debts now due from said parish, and 

for repairing their meeting house, and to make and 

execute good and sufficient deed or deeds to convey 

the same according to law. 

Sec. 2. Be it further enacted, That if there should 
Surplus. be a surplus of money, arising from such sale, over 
and above the payment of said debts and repairs, the 
said members may, by a Committee chosen for the 
purpose, at the annual meeting in the month of 
March, or April, vest the said surplus, and any other 
property of said parish, in the most productive funds, 
How applied, ^^e interest of which shall be applied towards the 
support of the minister or ministers in said parish. 

[Approved by the Governor, June 12th, 1824.] 



HOUSE OF COR. IN BOSTON. June 12, 1824. 447 

CHAP, xxvnr. 

An Act concerning the regulation of the House of 
Correction in the City of Boston, and concerning 
the form of actions commenced under the By-laws 
of said City, and providing for filling vacancies in 
the Board of Aldermen. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the City of Boston 
shall be entitled to the same remedies in order to re- 
cover the expences of supporting any poor person ^"pp^^^'^s^^ 
maintained in the House of Industry of said Cit}^, 
that towns in this Commonwealth are entitled to for 
the recovery of the expenses of persons, for whom 
support or relief is provided by overseers of the poor, 
or under their direction. 

Sec. 2. Be it further enacted. That the House of 
Correction within the City of Boston, shall be the 
House of Correction for the County of Suffolk, and 
that the City Council of said City, shall have power 
from time to time, to appoint such a numberof over- Appointment 
seers of the House of Correction in said City of Bos-"^"^^"^^""^' 
ton, not exceeding nine, as they shall deem expedi- 
ent, who shall have, use and exercise all the powers 
and authority in regulating and governing said House 
of Correction, and the inhabitants thereof, subject to 
the controul of the Mayor and Aldermen of the said 
City, that are granted to overseers of houses of Cor- 
rection, in and by an Act, entitled " an Act, for sup- 
pressing and punishing of rogues, vagabonds, com- 
mon beggars, and other idle and lewd persons," pas- 
sed on the twenty-sixth day of March, in the year of 
our Lord, one thousand seven hundred and eighty- 
eight, and the several Acts additional thereto ; and 
the said overseers so appointed, or the major part 
thereof, shall, from time to time, make, ordain and 
establish such rules and orders, not repugnant to the ^S they are 
constitution and laws of the Commonwealth, for the*o''«so^^''"e^- 
60 



448 HOUSE OF COR. IN BOSTON. June 12, 1824. 



governing and punishing of persons committed to the 
said house, as they shall find needful and proper, 
which within one month after they shall have been 
made, shall be submitted to the said City Council, 
and shall be in force until repealed by the said Over- 
seers, or until disapproved of by the said City Coun- 
be^Sha'Sd. *^^^' ^"^ ^^^ power of discharging persons com- 
mitted to the said House of Correction, by 4;he Justi- 
ces of the Police Court of said City, or by any 
Justice of the Peace, for the County of Suffolk, before 
the expiration of their term of commitment, upon the 
recommendation of the Overseers of said House, 
shall be and hereby is vested in any one or more of 
the Justices of the Police Court of said City. 

Sec. 3. Be it further enacted^ That the said City 
thefr^J.ow'S' Couucil shall havc power from time to time, to ap- 
point a Master of the said House of Correction, who 
shall be under the direction and controul of the said 
Overseers, and shall be compensated in such manner 
as the said City Council shall direct. And the said 
City of Boston shall bear and defray all the expenses 
of the said House of Correction, and shall be entitled 
to the same remedies to recover the charges of main- 
taining any person therein, that the Masters or Over- 
seers of the several Houses of Correction throughout 
the Commonwealth, or that Towns, or Counties are 
now entitled to by law. 
Finei, penal- Sec. 4. Be it further e««c^ef/. That all fines, penal- 
ties, &c. ^jgg ^j^ J forfeitures, accruing under a statute of this 
Commonwealth, passed the twentieth day of June, in 
the year of our Lord, One Thousand Eight Hundred 
and vSixteen, entitled " an Act to empower the Town 
of Boston, to choose a Board of Health, and to pre- 
scribe their power and duty," or accruing under any 
rules, regulations, by-laws or ordinances which have 
been, or hereafter shall be passed, by the City Coun- 
cil of the City of Boston, in relation to the health of 
the said City, or of the inhabitants thereof, shall be su- 
ed for, prosecuted and recovered by complaint or in- 
formation before the Justices of the Justices Court, 
for the County of Suffolk, in the name of the " City 



CONN., NOR. & SUN. BRIDGES. June 12, 1824. 449 

of Boston," by any Officer or person authorized to 
institute the same, and in the manner prescribed in 
the statute above mentioned, and such fines, penal- Recovery of 
ties and forfeitures, shall enure and be recovered for^'"*"*' 
the use of the said City ; and no person shall be dis- 
qualified from acting as a magistrate, juror, or witness 
in any such suit or prosecution by reason of any in- 
terest which he may have as an inhabitant of the said 
City, in the sum or sums of money to be recovered 
thereby. 

Sec. 5. Be it further enacted. That in all prose- „ 
cutions by complaint before the Police Court for the on complaint. 
City of Boston, founded on the special acts of the 
Legislature, the by-laws of the town of Boston, or 
the ordinances or by-laws of the City of Boston, it 
shall be sufficient to set forth in such complaint, the 
offence fully and plainly, substantially and formally, 
and in such complaint it shall not be necessary to set 
forth such special act, by-law, ordinance or any part 
thereof. 

Sec. 6. Be it further enacted, That in case of the 
death or resignation of any member of the Board ofjn case of death 
Aldermen, the citizens of Boston shall have power of resignation^ 
to fill such vacancy at any regular meeting that may Lr."^ "^"^ 
thereafter be convened for that purpose. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XXIX. 

An Act increasing the rates of toll, at the Connecti- 
cut river bridge, the Northampton Bridge and the 
Sunderland Bridge. 

Sec. 1. UE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the Proprietors of 
the Connecticut River Bridge, the Proprietors of the 



450 CHANGE OF NAMES. June 12, 1824. 

Northampton Bridge, and the Proprietors of the 
Sunderland Bridge, be and they hereby are autho- 
rized, from and after the passing of this act, to demand 
and receive at the several Bridges aforesaid (instead 
of the toll heretofore granted) according to the fol- 
lowing rates of toll, viz. For each foot passenger, 

Rates of toll, three couts ; for each horse and rider, eight cents ; 
for each horse and chaise, chair or sulkey, twenty 
cents ; for each coach, chariot, phaeton, or other four 
wheeled carriage for passengers, fifty cents ; for each 
curricle thirty -three cents ; for each sleigh drawn by 
one horse, ten cents ; by more than one horse, six- 
teen cents ; for each cart, sled, or other carriage of 
burden, drawn by one beast, twelve and a half cents ; 
if drawn by two beasts, twenty cents, and if drawn 
by more than two beasts, twenty -five cents ; for each 
horse without a rider, and for neat cattle each three 
cents ; for sheep and swine each one cent. 

Sec. 2. Be it further enacted. That the Legisla- 

^SJe^^' ^^^^ ^^ *^^^ Commonwealth, shall always hereafter 
have the right of regulating, reducing and abolishing 
the tolls hereby granted. 

[Approved by the Governor, June 12th, 1824.] - 



CHAP. XXX. 

An Act to change the Names of the Persons there- 
in mentioned. 

JlSE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, the several persons herein named 
shall be called and known by the names which by 
this act they are respectively allowed to assume, viz. 
Names cUaDg- William Andrews, of Boston, merchant, may take 
***• the name of William Stutson Andrews ; that Joseph 



CHANGE OF NAMES. June 12, 1821. 451 

Bradford, of Boston, merchant, may take the name 
of Joseph Nash Bradford ; that Joseph Haydn Von 
Hagen, a minor, may take the name of Joseph Ad- 
ams Ballard ; that Joanette Catharine Elizabeth Von 
Hagen, a minor, may take the name of Joanette Ca- 
tharine Elizabeth Ballard ; that Robert Dyer, printer, 
may take the name of Robert Spencer Dyer ; that 
John Haskell, machinist, may take the name of John 
iiiuuiisius Haskell ; that Benjamin Holmes, the third, 
a minor, may take the name of Benjamin Salter 
Holmes; that Chloe Lincoln, mantua maker, may 
take the name of Martha Ann C. Lincoln ; that Nan- 
cy Lovejoy, mantua maker, may take the name of 
Ann Frances Lovejoy ; that William S. Newman, 
cordwainer, may take the name of William Homer 
Newman ; that David Murphy Riipp, a minor, may 
take the name of David CoUson Mosely Rupp; thatetf"^*'^ ^"^ 
Matilda Sleeper, may take the name of Matilda Or- 
mond Montgomery ; that John Smith, may take the 
name of John Henry Smith ; that James Scott Thorn- 
dike, may take the name of James Franklin Thorn- 
dike ; that Edward Tuckerraan the second, may 
take the name of Francis Edward Tuckerman ; that 
Woodis Lee Wheeler, trader, may take the name of 
Woodhouse Lee Wheeler ; that Thomas Herrick 
W^aterman, may take the name of Thomas Water- 
man Herrick; that Thomas Frederick Palmer, may 
take the name of Thomas Frederick Temple Palm- 
er ; that William James Palmer, may take the name 
of William Bowdoin Palmer; all of Boston in the 
county of Suffolk. And that John Clark Fillis, a 
minor, of Salem, may take the name of John L. 
Clark ; that Luther Britton, of Salem, cordwainer, 
may take the name of Luther Reed ; that Aaron 
Field, of Lynn, may take the name of Aaron Chaun- 
cey Clark Field ; that Equality Weston, of Lynn, 
may take the name of John Equality Weston ; that 
Thomas Lambert, Jun. of Rowley, may take the 
name of Thomas Merrill Lambert ; that Elizabeth 
Ann Tyler, of Newburyport, may take the name of 
Sarah Elizabeth Tyler — all of the county of Essex ; 



452 CHANGE OF NAMES. June 12, 1824. 

that Amos Baker, jun. of Lincoln, may take the 
name of Amos Prescott Baker ; that l^uther Fish, of 
Sudbury, may take the name of Luther Richardson ; 
that Mary G. Tarbox, of Charlestown, may take the 
name of Mary G. Thorndike ; that Alexander White 
McQuilHn, of East Sudbury, may take the name of 
Alexander White — all of the county of Middlesex ; 
that William Marble the second, of Charlton, may 
take the name of William Proctor Marble; that 
Otis McLane, of the town of Worcester, husband- 
man, may take the name of Otis David Lane ; that 
Haliburton McLane, son of said Otis McLane, 
may take the name of HaHburton Lane ; that Joseph 
Jennings McLane, son of said Otis McLane, may 
take the name of Joseph Jennings Lane ; that Ca- 
leb Henry Mellen Prentiss, of Leominster, may take 
the name of Caleb M. Prentiss ; that Cornelius Rix, 
Names chang- ^f Harvard, may take the name of Eleazer Rix ; 
that Cephas Whitcomb, of Bolton, may take the 
name of James Bedingfield Whitcomb — all of the 
county of Worcester; that Warham Crooks, of 
Springfield, in the county of Hampden, may take 
the name of James W^arham Crooks ; that Luther 
Frink, of Greenwich, may take the name of William 
Field ; that Samuel Partridge, third, of Hatfield, may 
take the name of Samuel Dwight Partridge — both 
of the county of Hampshire ; that Joseph Atkins 
Montenari, of Plymouth, mariner, may take the name 
of Joseph Atkins. And the several persons herein 
named, shall hereafter be called and known by the 
names which by this act, they are respectively allow- 
ed to assume as aforesaid ; and the same shall be 
considered as their only proper and legal names. 

[Approved by the Governor, June 12th, 1824.] 



COM. IN. CO.— UN. SOC. HAR. June 12, 1824. 45.^ 

CHAP. XXXI. 

An Act in addition to an act entitled "An Act to in- 
corporate the Commonwealth Insurance Com- 
pany." 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the Stockholders of 
said Company, may, at any meeting of said Company 
to be hereafter called at any such time and place 
as a majority of the present Directors shall appoint, 
choose thirteen additional Directors, who shall be Choice of di- 
stockholders of said Company, and citizens of this rectors. 
Commonwealth, and who shall hold their offices 
till the expiration of one year, from the time that 
the first twelve Directors were chosen, and until 
others are chosen in their room, who shall possess 
similar powers and perform similar duties with the 
twelve Directors first chosen. 

Sec. 2. Be it further enacted. That the Stockhold- 
ers of said Company, at their annual meetings here- 
after to be holden for the choice of Directors, shall 
choose twenty-five Directors, one of whom shall be 
President thereof, and said twenty -five Directors prejije^t 
shall possess the powers, and perform the duties of 
the twelve Directors mentioned in the act of incor- 
poration, and shall be elected in the same manner. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XXXII. 

An Act establishing the First Universalist Society in 
the town of Hardwick. 

J>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Daniel Ruggles, Con- 
stant Ruggles,Ezra Ruggles, Samuel Weston, Irap^Td"""" 



454 MARB. SOC. INS. COM. June 12, 1824. 

Ruggles, Samuel Granger, Gardner Ruggles, Anson 
Ruggles, Franklin Ruggles, Creighton Haggles, 'Mo- 
ses Mandell, Ebenezer Cobb, Simeon Crosby, Daniel 
B. Hinkley, Nathan Perry, James Sturtevant, Wil- 
liam p. Jordan, Seth Hinkley, Stephen W. Paige, 
Ebenezer Perry and Noah Beach, with their families 
and estates, together with such others as may here- 
after join with them, be, and they hereby are incor- 
porated into a religious society, by the name of the 
First Universalist Society in Hardwick, with all the 
Powers, privi- powers and privileges, and subject to all the liabiii- 
leges, &c. ties which other parishes and religious societies are 
entitled and liable to by the Constitution and laws 
of this Commonwealth. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XXXHI. 

An Act in addition to an act, entitled " An Act to in- 
corporate Isaac Story and others, by the name of 
the Marblehead Social Insurance Company." 

UE it etiacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the further time of 
aiioweci. '""^ five ycars, from and after the seventeenth day of 
July next, be allowed to the Stockholders of the 
Marblehead Social Insurance Company, to pay in 
the residue of the capital stock of said company, 
amounting to fifty dollars on each share, and being 
the last moiety of their instalments of the sum of 
one hundred thousand dollars the capital stock of said 
company, and that the said residue shall be paid in 
such proportions, and at such periods within the 
time mentioned, as the Directors of said company for 
the time being shall order and appoint, any thing in 



Further time 



ORIEN. INSUR. COM. SALEM. June 12, 1824. 455 

the Act to which this is in addition, or in the Act of 
Incorporation, to the contrary notwithstanding: Pro- Proviso. 
vided however, That nothiniij in this Act shall be 
construed to exonerate or discharge the estates of 
the Stockholders of said Company from being liable 
in the same manner, and for the same purposes men- 
tioned in said Act, to which this is in addition. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XXXIV. 

iVn Act to incorporate the Oriental Insurance Com- 
pany in Salem. 

Sec. 1. -OE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That William Fettyplace, Persons incor- 
John Andrew, Henry Prince, Jr. Richard S. Rogers, ^°"*^^' 
John B. Osgood, Tucker Deland, William Proctor, 
Franklin H. Storey, and Joseph Ropes, with their 
associates, successors and assigns, be, and hereby 
are incorporated into a company and body politic by 
the name of the Oriental Insurance Company in Sa-Name. 
lem, with all the powers and privileges granted to 
Insurance Companies, and subject to all the restric- 
tions, duties and obligations contained in a law of this 
Commonwealth, entitled "An Act to define the pow- 
ers, duties and restrictions of Insurance Companies," 
passed on the sixteenth day of February, in the year 
of our Lord one thousand eight hundred and eigh- 
teen, and in a law of this Commonwealth, entitled 
" An Act, authorizing the several Insurance Compa- 
nies in this Commonv/ealth, to insure against Fire," 
passed on the twenty-first day of February, in the 
year of our Lord one thousand eight hundred and 
twenty, for and during the term of twenty years after 
61 



456 ORIEN. INSUR. COM. SALEM. June 12, 1824. 

the passing of this Act ; and by that name, may sue 
and be sued, plead and be impleaded, appear, prose- 
cute and defend to final judgment and execution ; 
and may have a common Seal, which thej' may alter 
at pleasure, and may purchase, hold and convey any 
estate, real, or personal, for the use of said Company, 

Proviso. Provided the said real estate shall not exceed the 
value of twenty thousand dollars, excepting such as 
may be taken for debt, or held as collateral security 
for money due to said Company. 

Sec. 2. Be it further enacted, That the Capital 

Capital Stock. Stock of Said Company, exclusive of premium notes 
and profits arising from business, shall not be less 
than one hundred and fifty thousand dollars, nor more 
than two hundred thousand dollars ; and shall be di- 
vided into shares of one hundred dollars each, fifty 
per cent, of which shall be paid in money, by each 
and every subscriber, on the amount of his subscrip- 
tion, within thirty days after public notice given by 
the President and Directors, chosen by the Stock- 
holders, in two Newspapers printed in the Town of 
Salem, and the residue shall be secured by a deposit 
of Stock of the United States, or of this Common- 
wealth, or of some bank within this Commonwealth, 
or such other security, as may be approved by three 
fourths of the Directors, and to be paid in such sum 
or sums, at such time or times, and under such pen- 
alties, as the said President and Directors shall in 
their discretion direct and appoint. 

Sec. 3. Be it further enacted, That the Stock, 

Power of Di- property, affairs, and concerns of the said Company, 
shall be managed and conducted by nine Directors, 
one of whom shall be President thereof, who shall 
hold their offices for one year, and until others are 
chosen and no longer, and who shall at the time of 
their election, be Stockholders in said Company, and 
citizens of this Commonwealth, and shall be elected 

2ou!^°'*^"' ^" ^^^ second Monday of April, in each and every 
year, and at such time of the day, and in such place 
in the Town of Salem, as a majority of the Directors 
for the time being shall appoint ; of which election 



ORIEN. INSUR. COM. SALEM. June 12, 1824. 457 

public notice shall be given by publication in some 
Newspaper printed in Salem, ten days at least pre- 
vious.to such meeting ; and the election shall be made 
by ballot, by a majority of the votes of the Stockhol- 
ders present allowing one vote to each share in the 
Capital Stock : Provided That no Stockholder shall proviso. 
be allowed more than ten votes, and absent Stock- 
holders may vote by proxy, under such regulations 
as the said company shall prescribe, and if through 
any unavoidable accident, the said Directors should 
not be chosen on the second Monday of April, as 
aforesaid, it shall be lawful to choose them on any 
other day in the manner herein provided. And it 
shall be the duty of the Secretary of said company, Secretary'idu- 
at any time upon application in writing of the propri-*'^* 
etors of twenty per centum of the Capital Stock, to 
call a meeting of the Stockholders to be holden at 
such time and place in the Town of Salem, as they 
shall direct for the purposes mentioned in such ap- 
plication, by giving like notice thereof as is herein 
required for the election of Directors. 

Sec. 4. Be it further enacted^ That the Directors 
when chosen shall meet as soon as may be after eve- 
ry election and shall choose out of their body, one 
person to be President, who shall be sworn or affirm- ^J^^ice^of 
ed to the faithful discharge of the duties of his 
office, and who shall preside for one year ; and in 
case of death, resignation, or inability to serve, of the 
President, or any Director, such vacancy or vacan- in case of va- 
cies, shall be filled for the remainder of the year jn*^^"*^^" 
which they happen, by a special election for that 
purpose to be notified and held in the same manner 
as herein before directed, respecting annual elections 
of Directors. 

Sec. 5. Be it further enacted^ That the President 
and four of the Directors, or five of them in his ab- 
sence, shall be a board competent to the transaction „ . , 

o ^ • in • *^ 1 P 1 I 11 1 Business, hoWj 

01 busmess, and all questions before them shall be transacted. 
decided by a majority of votes, and they shall have 
power to make and prescribe such by-laws, rules and 
regulations as to them shall appear needful and prop- 



458 ORIEN. INSUR. COM. SALEM. June 12, 1824. 



Proviso. 



er, touching the management and disposition of the 
stock, property, estate and effects of said Company, 
and the transfer of the shares, and touching the du- 
ties and conduct of Uie several officers, clerks and 
servants emplo}ed, and the election of Directors and 
all such matters as appertain to the business of In- 
surance ; also, shall have power to appoint a Secre- 
tary, and so many clerks and servants for the carry- 
ing on the said business, and with such salaries and 
allowances to them, and to the President, as to the 
said board shall seem meet ; Provided such by-laws 
and regulations, shall not be repugnant to the Con- 
stitution and laws of this Commonvv ealth. 

Sec. 6. Be it further enacted, That any two or 
more of the persons named in this Act, are hereby 
authorized to call a meeting of the said Company by 
advertising the same in some Newspaper printed in 
Salem, in two successive papers for the purpose of 
rectors" "^^''^l^^ting their first board of Directors, who shall re- 
main in office, until the second Monday in April, in 
the year of our Lord one thousand eight hundred 
and twenty-five, and until others shall be elected in 
their stead : Provided however, That this charter 
shall be void and of no effect, unless put into opera- 
tion agreeably to the terms of it within one year from 
and after the passing of this Act. ^nd provided also, 
That the said Company shall not take any risk or 
subscribe any policy by virtue of this Act, until one 
moiety of the Capital Stock of said Company shall 
have actually been paid in. 

Sec. 7. Be it further enacted, That the said Com- 
pany shall never take on any one risk or loan, or res- 
pondentia, or bottomry on any one bottom, at any one 
time, including the sum insured, in any other way on 
the same bottom, a sum exceeding ten per centum on 
the Capital Stock, of said company actually paid in 
agreeably to the provisions of this Act. 

Sec. 8. Be it further enacted. That the said Insur- 
ance Company shall be located and kept in the Town 
of Salem. 



Provisos. 



Restrictions. 



BOSTON AND CAN. MAN. COM. June 12, 1824. 459 

Sec. 9. Be it further enacted^ That the said Orien- 
tal Insurance Company shall be liable to be taxed by LiaWe to be 
a general law providing for the taxation of all similar 
Corporations. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XXXV. 

An Act to incorporate the Boston and Canton Manu- 
facturing Company. 

Sec. 1. JjE eY enacted by the Senate and House of 
Represeiitatives in General Court assembled, atid by 
the authority of the same, That WilHam Hill, Darius Persons incor- 
B. Holbrook, and Charles P. Dexter, together with^'^'^''^ ' 
such other persons as may become associates with 
them, their successors and assigns, be and they hereby 
are, made a corporation by the name of the Boston 
and Canton Manufacturing Company for the purpose 
of Manufacturing Cotton and Wool in the Town of 
Canton, in the County of Norfolk, and for that pur- 
pose shall have all the powers and privileges, and be 
subject to all the duties and requirements contained 
in an Act passed on the third day of March, in the 
year of our Lord eighteen hundred and nine, entitled 
" An Act, defining the general powers and duties of 
Manufacturing Corporations." 

Sec. 2. Be it further enacted, That the said Cor-JJay^^"''''-"^ 
poration may hold and possess such real estate, not 
exceeding in value the sum of one hundred thousand 
dollars, and such personal estate, not exceeding in 
value the sum of two hundred thousand dollars, as 
may be necessary and convenient for carrying on the 
Manufacture of Cotton and Wool in the said Town 
of Canton. 

[Approved by the Governor, June 12th, 1824.] 



460 GLOBE BANK. * June 12, 1824. 

CHAP. XXXVI. 

An Act to incorporate the President Directors and 
Company of the Globe Bank. 

Sec. 1. He, it enacted by the Senate and House of 
Representatives in General Court assembled, and by 

veTsoaiincor-the authority of the same, That Ebenezer Rollins, 

porated. Enoch Silsby, Samuel C. Gray,their associates succes- 
sors and assigns,shall be,and hereby are created a Cor- 
poration by the name of the President, Directors and 
Company of the Globe Bank, and shall so continue 
from the first day of July, one thousand eight hun- 
dred and twenty-four until the first Monday of Octo- 
ber, which will be in the year of our Lord one thous- 
and eight hundred and thirty-one, and the said Corpo- 
ration shall always be subject to the rules, restrictions, 
limitations, taxes and provisions, and be entitled to 

Privileges, &c, the samc rights, privileges and immunities which are 
contained in an Act, entitled " An Act to incorporate 
the President, Directors and Company of the State 
Bank," except in so far as the same are modified or 
altered by this Act, as fully and effectually as if the 
several sections of said Act were herein specially re- 

Proviso. cited and enacted : Provided however, That the 
amount of bills issued from said Bank at any one 
time, shall not exceed fifty per centum beyond the 
amount of the Capital Stock actually paid in. 

Sec. 2. Be it further enacted. That the Capital 

Ga itai stock ^^^^^ of Said Corporation shall consist of the sum of 
apia oc . ^^^ hundred thousand dollars, with liberty at any 
time to increase the same to seven hundred and fifty 
thousand dollars, in gold and silver, to be besides 
such part as this Commonwealth may subscribe, in 
manner hereinafter mentioned, divided into shares of 
one hundred dollars each, which shall be paid m 
manner following, that is to say, one fourth part 
thereof, on or before the first day of November next, 
one fourth part thereof on or before the first day of 
January next, one foiurth part thereof on or before 



GLOBE BANK. - June 12, 1824. 461 

the first day of April next ; and the residue thereof 
on or before the first day of June next ; and no divi- 
dend shall be declared on the Capital Stock of said 
Bank, until the whole of said Stock shall have been 
paid in, conformably to the provisions of this Act ; 
and the Stockholders at their first meeting shall by 
a majority of votes determine the mode of transfer- Transferring 
ring and disposing of said Stock, and the profits ''*°<^''- 
thereof, which being entered in the books of said 
Corporation, shall be binding on the Stockholders, 
their successors and assigns, until they shall other- 
wise determine. And the said Corporation are here- 
by made capable in law to have, hold, purchase, re- 
ceive, possess, enjoy and retain to them, their suc-p^^^^ j^^ 
cessors and assigns, lands, tenements, and heredita- 
ments, to the amount of fifty thousand dollars and no 
more at any one time, with power to bargain, sell, 
dispose and convey the same by deed under the Seal 
of said Corporation and signed by the President or 
two of the Directors, and to loan and negociate 
their monies and effects by discounting on banking 
principles, on such security as they may think advis- 
able : Provided however^ That nothing herein con- 
tained shall restrain or prevent said Corporation from 
taking and holding real estate in mortgage or on exe- i*rovisos, 
cution to any amount as security for, or in payment of 
any debts due to the said Corporation : And provided 
further. That no monies shall be loaned or discounts 
made, nor shall any bills or promissory notes be issu- 
ed from said bank until the capital subscribed, and 
actually paid in and existing in gold and silver in their 
vaults, shall amount to one hundred and twenty-five 
thousand dollars, nor until said Capital Stock actual- capital. 
ly in said vaults shall have been inspected and ex- 
amined by three Commissioners to be appointed by 
the Governor for that purpose, whose duty it shall 
be at the expence of the Corporation to examine the 
monies actually existing in said vaults, and to ascer- 
tain by the oath of the Directors of said Bank, or a 
majority of them, that said Capital Stock hath beeuj 
bona fide paid in by the Stockholders of said Bank, 



462 



GLOBE BANK. 



June 12, 1824 



Shall loan to 
Common- 
wealth. 



Proviso. 



May call a 
meeting. 



Common- 
■weallh may 
subscribe. 



and towards the payment of their respective shares, 
and not for any other purpose, and that it is intended 
there to remain as a part of said Capital, and to re- 
turn a certificate thereof to the Governor ; and no 
Stockholder shall be allowed to borrow money at 
said Bank, until he shall have paid in his proportion 
of the said Capital Stock, as herein before provided 
and required. 

Sec. 3. Be it further enacted. That whenever the 
Legislature shall require it, the said Corporation shall 
loan to the Commonwealth any sum of money which 
shall be required, not exceeding ten per centum of the 
Capital Stock actually paid in, at any time reimburs- 
able by five annual instalments, or any shorter time 
at the election of the Commonwealth, with annual 
payment of interest at a rate not exceeding five per 
centum per annum ; Provided hoivever, That the 
Commonwealth shall never stand indebted to said 
Corporation without their consent for a larger sum 
than twenty per centum of their Capital paid in. 

Sec. 4. Be it further enacted, That the persons 
herein before named or any three of them, are au- 
thorized to call a meeting of the Members and Stock- 
holders of said Corporation as soon as may be, at 
such time and place as they may see fit to appoint 
by advertising the same in any two of the Newspa- 
pers printed in Boston, for the purpose of making, 
ordaining and establishing such by-laws, and regula- 
tions for the orderly conducting the affairs of said 
Corporation as the Stockholders shall deem necessa- 
ry, and the choice of the first Board of Directors and 
such other officers as they shall see fit to choose. 

Sec. 5. Be it further enacted, That the Common- 
wealth shall have a right whenever the Legislature 
shall make provision therefor by law, to subscribe on 
account of the Commonwealth, a sum not exceeding 
two hundred and fifty thousand dollars, to be added 
to the Capital Stock of said Corporation, subject to 
such rules, regulations and provisions as to the man- 
agement thereof as shall be by the Legislature made 
and established. 



GLOBE BANK. June 12, 1824. 463 

Sec. 6. Be it further enacted, That whenever the 
Commonwealth shall subscribe to the Capital Stock 
of said Corporation, in manner herein before provided 
for, in addition to the Directors by law to be chosen 
by the Stockholders, the Legislature shall have a 
right from time to time, to appoint a number of di- 
rectors to said Bank, in proportion as the sum paid 
from the Treasury of the Commonwealth shall be to 
the whole amount of Stock actually paid into said 
Bank, if any time heieafter they shall see fit to exer- 
cise that right. 

Sec. 7. Be it further enacted, That the said Cor- 
poration, from and after the first day of October next, Jj°^''p°^^**^°^^j 
shall pay, by way of tax, to the Treasurer of this 
Commonwealth for the use of the same within ten 
days after the first Monday of October and April, 
annually, the half of one per centum on the amount 
of Stock, which shall have been actually paid in. 

Sec. 8. Be it further enacted, That the Cashier, (^^^^j^igj. ^j^^^jj 
before he enters upon the duties of his office, shall gi^e bond, 
give bond with sureties, to the satisfaction of the 
Board of Directors, in a sum not less than fifty thous- 
and dollars, with conditions for the faithful discharge 
of his office. 

Sec. 9. Be it further enacted, That the said Cor- 
poration shall be liable to pay any bona fide holder sjiaiipayori- 
the original amount of any note of said Bank, coun- ifbiiicounter- 
terfeited or altered in the course of its circulation to^^'^^**" 
a larger amount, notwithstanding such alteration ; and 
that the said Corporation shall not at any place what- 
ever, directly, or indirectly purchase, receive, pay 
or exchange any bill or note of said Bank, for any 
less sum than the nominal value expressed in such 
Bill or Note. 

Sec. 10. Be it further enacted, That in case this 
Act shall not be put into operation, according to the 
provisions thereof, within one year from the time of 
passing the same, then it shall become void. And 
that the said Bank shall be established and kept in Location, 
Boston. 

[Approved by the Governor, June 12th, 1824.] 
62 



464 FIRST UNI. SOCI. IN HAVER. June 12, 1824. 

CHAP. XXXVII. 

An Act to incorporate the First Universalist Society 
in Haverhill. 

Sec. 1. JtiE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same., That Thomas Meady, 
porated. ° "^'Thomas Runnclls, Asaph Kendall, and Caleb Wood- 
ward, and all others who may associate with them, 
and their successors, be, and they are hereby incor- 
porated as a Religious Society, by the name of the 
First Universalist Society in the town of Haverhill, 
with all the privileges, powers and immunities to 
which other religious societies in this Commonwealth 
are entitled by law. 

Sec. 2. Be it further enacted, That the said So- 
Mfty hold real ciety shall be capable in law,to purchase, hold, and 
estate. disposc of au}' estatc, real or personal, for the use of 

Proviso. s^*^ Society : Provided, the annual income thereof 
shall not exceed, at any time, the value of One Thou- 
sand Dollars. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace for the County of Essex, be, and he here- 
by is authorized to issue his warrant to some Mem- 
ber of said Society, requiring him to warn the Mem- 
bers thereof, to meet at such convenient time and 
place in said town, as shall be therein directed, to 
J;5°'*^'*^^®* choose a Moderator, a Clerk, a Treasurer, and such 
other Officers, Committee or Committees, as they 
shall deem needful. 

[Approved by the Governor, June 12th, 1824.] 



DAN. COTTON FACTORY COR. Jime 12, 1824. 465 

CHAP. XXXVIII. 

An Act to incorporate the Dan vers Cotton Factory 
Corporation. 

Sec. 1. xSe ?Y enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Rufus Davenport, his p^j.gjjj^g 5^^^^,^^ 
associates, successors and assigns, be, and they here- porated. 
by are made a Corporation by the name of the Dan- 
vers Cotton Factory Corporation, for the purpose of 
manufacturing Cotton and other materials in the town 
of Danvers ; and for this purpose shall have all the 
powers and privileges, and be subject to all the du- 
ties and requirements contained in the act entitled, 
" An Act defining the general powers and duties of 
Manufacturing Corporations," and also the several 
acts supplementary thereto, or that may hereafter 
be passed in addition to the same. 

Sec. 2. Be it further enacted. That the said Cor- ^ay hold real 
poration may be lawfully seized and possessed of such ^stat*. 
real estate, not exceeding the value of Fifty Thousand 
Dollars, and such personal estate, not exceeding One 
Hundred Thousand Dollars, as may be necessary and 
convenient for carrying on the manufacturing afore- 
said. 

[Approved by the Governor, June 12th, 1824.] 



466 E. PARISH OF BRIDG.— A. BANK. June 12, 1824 

CHAP. XXXIX. 

An Act to change the name of the Parish or Precinct 
called the East Parish or Precinct of Bridgewater. 

-OE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the Parish hereto- 
fore known and called by the name of the East 
Parish or Precinct of Bridgewater, in the County of 
Plymouth, shall no longer bear that name, but hence- 
Narae Chang- forth shall be Called and known by the name of the 
®**' First Parish in East-Bridgewater, and all officers of 

said Parish shall hold and exercise their respective 
offices in the same manner as they would have done 
had not the name of said Parish been changed. 

[Approved by the Governor, June 12th, 1824.] 



CHAP. XL. 

An Act to incorporate the President, Directors and 
Company of the Asiatic Bank. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in Oeneral Court assembled, and by 
TersoDsiacor- the authority of the same, That Robert Stone, John 
porated. jg Qsgood, Richard S. Rogers, William Fettyplace, 
and their associates, successors and assigns, shall be, 
and hereby are created a Corporation, by the name 
of the President, Directors and Company of the Asi- 
atic Bank, and shall so continue until the first Mon- 
day in October, which will be in the year of our 
Lord one thousand eight hundred and thirty-one, and 
the said Corporation shall always be subject to the 
rules, restrictions, limitations, taxes and provisions ; 



AvSIATIC BANK. June 12, 1824. 764 

and be entitled to the same rights, privileges and im- 
munities, which are contained in an Act entitled " An 
Act to incorporate the President, Directors and Com- 
pany of the Merchants' Bank," a Bank established and 
kept in the Town of Salem, except as the same are 
so far modified or altered by this Act, as fully and 
effectually as if the several sections of said Act were 
herein specially recited and enacted. 

Sec. 2. Be it further enacted^ That the Capital ^^ itai stock. 
Stock of the said Corporation, shall consist of the 
sum of two hundred thousand dollars, divided into 
shares of one hundred dollars each, twenty-five per 
centum of which shall be paid in Gold and Silver, in 
ninety days after the first meeting of the said Corpo- 
ration, and the residue in three instalments of fifty 
thousand dollars each ; the first in six months, the 
second in nine months, and the third in one year after 
said first meeting, or at such earlier time or times, as 
the Stockholders may direct at said meeting, and no 
dividend shall be made or declared on the Capital 
Stock of said Bank, until the whole of said Capital 
Stock shall have been paid in, conformably to the 
provisions of this Act. And the Stockliolders at their 
first meeting, shall, by a majority of votes, determine .^ 

the mode of transferring and-disposing of the said Stock, stock. ' " 
and the profits thereof, which being entered in the 
Books of the snid Corporation, shall be binding on the 
Stockholders, their successors and assigns, until they 
shall otherwise determine. And the said Corporation 
are hereby made capable in law, to have, hold, pur- 

, -^ . ^ . I . • . !i^ May hold real 

chase, receive, possess, enjoy and retain to them, estate, 
their successors and assigns, lands, tenements and 
hereditaments, to the amount of twenty thousand dol- 
lars, and no more at any one time, with power to bar- 
gain, sell and dispose of the same, and to loan and 
negociate their monies and effects by discounting on 
banking principles, on such security as they shall 
think advisable. Provided hoivever, That nothing proviso, 
herein contained, shall restrain or prevent said Cor- 
poration from taking and holding real estate on mort- 
gage or execution, to any amount as security for, or 



468 



ASIATIC BANK. 



June 12, 1824. 



Proviso. 



in payment of any debts due to the said Coij or ition : 
And provided fill ther. That no monies shall be loan- 
ed or discounts made, nor shall any bills or promisso- 
ry notes be issued from said Bank, until the Capital 
subscribed and actually paid in, and existing in Gold 
and Silver in their vaults, shall amount to one hun- 
dred thousand dollars, nor until said Capital Stock 
actually in said vaults shall have been inspected and 
examined by three Commissioners to be appointed 
by the Governor for that purpose, whose duty it shall 
be, at the expense of the Corporation, to examine the 
monies actually existing in the vaults, and to ascertain 
by the oath of the Directors, or a majority of them, 
that said Capital Stock has been bonajide paid in by 
the Stockholders of said Bank, and towards payment 
of their respective shares, and not for any other pur- 
pose, and that it is intended to remain therein as part 
of said Capital, and to return a certificate thereof to 
the Governor. 

Sec. 3. And be it fiirther enacted^ That the said 
Bank shall be established and kept in the town of 
Salem. 

Sec. 4. Be it further enacted, That whenever the 
Legislature shall require it, the said Corporation 
Shall loan to shall loau to the Commonwealth, any sum of money 
^ which may be required, not exceeding" ten per centum 

of the Capital Stock then paid in, at any one time, re- 
imbursable by five annual instalments, or at any short- 
er period, at the election of the Commonwealth, with 
thie annual payment of interest, not exceeding five per 
centum per annum. Provided however. That the 
Commonwealth, shall never stand indebted to such 
Corporation, without their consent, for a largfsr sum 
than twenty per centum of their Capital then paid in. 
Sec. 5. Be it further enacted, That Robert Stone, 
John B. Osgood, Richard S. Rogers, William Fetty- 
place, or any two of them, are authorized to call a 
meeting of the Members and Stockholders of said 
Corporation, at such time and place as they may see 
fit to appoint, by advertising the same in the Essex 
Register, printed in Salem, for the purpose of making, 



Loeation. 



Common 
wealth 



PrOTiso. 



May call a 
meeting. 



ASIATIC BANK. June 12, 1824. 469 

ordaining and establishing such by-laws and regula- 
tions, for the orderly conducting the affairs of the said 
Corporation, as the Stockholders shall deem necessa- 
ry, and for the choice of a Board of Directors, to con- 
sist of nine persons, and such other officers as they 
shall see fit to choose. 

Sec. 6. Be it further enacted, That the Common- 
wealth shall have a right whenever the Legislature 
shall make provision therefor, by law, to subscribe on wStTmly 
account of the Commonwealth, a sum not exceeding s^^^'^"''^- 
one half part of the Stock actually paid in, to be ad- 
ded to the Capital Stock of said Corporation, subject 
to such rules as to the management thereof, as shall 
be by the Legislature made and established. 

Sec. 7. Be it further enacted, That in case the said 
Bank shall not be put into operation, according to the 
provisions of the Charter, within one year from the 
passing of this Act, then the same shall be void. 

Sec. 8. Be it further enacted. That the said Corpo- 
ration shall be liable to pay any bona fide holder, the 
original amount of any note of said Bank, counterfeited 
or altered in the course of its circulation to a larger 
amount, notwithstanding such alteration. 

[Approved by the Governor, June 12th, 1824.] 



SECRETARY'S OFFICE, JULY 27, 1824. 

I HEREBY CERTIFY, that I have compared the Laws print- 
ed in this pamphlet, with the originals as passed by the Legisla- 
ture, at their session in May and June last, and that they appear 
to be correct, excepting at page 437, 9th line from the top, at the 
end of Chap. XVL where for July read June. 

EDWARD D. BANGS, 

Secretary of the Common-wealth. 



TO THE LAWS PASSED IN JUNE— ISSl^. 



A. 

Act for altering the dividing line between South Hadley and 

Granbj, second section of, repealed, - - . 437 

Actions, form of, in City of Boston, regulated, - - 448 

Aldermen, board of, in Boston, vacancies how filled, - 448 

Alewives and Herring, smoked, additional act, - - 419 

Asiatic Bank, incorporated, -.-_._ 466 

Atlas Insurance Company, additional act, - - _ 429 

B. 

Bank Asiatic, incorporated, ------ 46S 

*' Columbian, additional act, _ . _ _ 432 

" Eagle, additional act, ------ 438 

" Merchants', additional act, - - - - 426 

" Globe, incorporated, ------ 460 

Boston, form of actions under by-laws of, regulated, - 448 

" board of Aldermen in, vacancies how filled, - 449 

" House of Correction in, regulated, - . _ 447 

" Suffolk Insurance Company in, additional act, - 439 

" Monitorial School in, incorporated, - - . 434 

*' Manufacturers' Insurance Company in, addit'l. act, 429 

" Pier or Long Wharf, additional act, - - 418 

*• Water Power Company, established, - - - 444 

" and Canton Manufacturing Company, incorporated, 459 

Branch Church in Salem, name changed, _ - - 439 
Bridge, Connecticut, Northampton and Sunderland, rates of 

toll increased, - 449 

" West Boston, Proprietors authorized to establish a 

Tiirnpike Road, ------ 433 

Bridgewater, East Parish in, name changed, - - - 466 

c. 

Cambridge and Watertown Turnpike, - - - - 433 

Canal Merrimack, term for completing extended, - - 425 

Canton and Boston Manufacturing Company, incorporated, 459 
63 



ii INDEX. 

Central Turnpike Corporation, established, - - - 430 
Charlestown, side-walks in, regulated, - . - _ 435 
Christian Union Society, incorporated, . - _ 433 
Church, Branch in Salem, name changed, _ - _ 420 
*' South in Dedham, incorporated, . - - 417 
Columbian Bank, additional act, - - - - - 432 
Commonwealth Insurance Company, number of Directors in- 
creased, .___-_>_ 453 
Connecticut River Bridge, rates of toll at, increased, - 449 
Cordage Company at Plymouth, incorporated, - - - 440 
Corporation, East India Marine Hall, established, - 420 
*' Central Turnpike, established, - . - 430 
" Danvers Cotton Factory, established, - 465 
Courts of Probate in Worcester County, altered, - - 425 

D. 

Danvers Cotton Factory Corporation, established, - ■• 465 

Dedham, South Church in, incorporated, - - - 4 IT 

E. 

Eagle Bank in Boston, additional act, - - _ _ 435 

East India Marine Hall Corporation, established, - 420 

East Parish in Bridgewater, name changed, - . _ 465 

F. 

Fund, Ministerial in Leicester, regulated, _ _ . 425 
** *' in South Parish of Reading, additional act, 443 

G. 

Globe Bank, incorporated, ---___ 460 

Granby and South Hadley, line between, established, - 437 
Greene Foundation, name altered and Board of Trustees 

regulated, - - - - - - - 441 

H. 

Hardwick, Universalist Society in, incorporated, - - 453 

Haverhill, Christian Union Society in, incorporated, - 438 

" Universalist Society in, incorporated, - - 464 
Herring and Alewives smoked, additional to the Act regu- 
lating the exportation of, - - - - -419 

House of Correction in City of Boston, regulated, - 447 



INDEX. iii 
I. 

Inspection of Alewives and Herring, additional Act, - 419 

Insurance Company, Manufacturers', further empowered, 429 

Insurance Company, Atlas, to hold additional real estate, 429 

" " Suffolk, to hold additional real estate, 439 

" " Commonwealth, number of directors 

increased, - . - 453 
" " Marblehead Social, further time allowed, 

to pay in Capital Stock, - 454 

^ *' Oriental, incorporated, - - 455 

L. 

Leicester, Ministerial fund in, to be managed by Trustees, 426 

Lynn, First Parish in, authorized to sell Real Estate, - 446 . 

M. 

Manufacturing Company, Boston and Canton, incorporated, 459 

Manufacturers' Insurance Company, to have further powers, 4£9 
Marblehead Social Insurance Company, to have further time 

to pay in Capital Stock, - - _ _ _ 454 
Mendon and Uxbridge, Probate Courts to be held alternately 

in, --- 425 

Merchants' Bank in Salem, Capital Stock increased, - 426 

Merrimack Canal, time for completing of, extended, - 425 

Ministerial Fund in Leicester, to be managed by Trustees, 426 

" in South Parish of Reading, further regulated, 443 

Monitorial School in Boston, incorporated, - - - 424 

N. 

Names of persons changed, -.__.. 450 

Northampton Bridge, rates of toll at increased, - - 449 

P. 

Parish West, in West Newbury, name altered, - - 442 

" First in Lynn, authorized to sell Real Estate, - 446 

" East in Bridgewater, name changed, . _ _ 466 

" South in Reading, additional Act, - - - 443 ' 

Pier on Long Wharf in Boston, Proprietors of to hold addi- 
tional Real Estate, - - - - - - 418 

Plymouth Cordage Company, incorporated, - - - 440 



iv INDEX. 

R. 

Reading, South Parish of, Ministerial Fund in, regulated, 443 

s. 

Salem, Branch Church in, name changed, - . . 430 

*' East India Marine Hall Corporation, established, 420 

" Merchants' Bank in. Capital Stock increased, - 426 

" Asiatic Bank in, incorporated, _ . - 466 

" Oriental Insurance Company in, incorporated, - 455 

School Monitorial, in Boston, incorporated, - - - 424 

Sheriff, powers and duties of, defined, additional Act, - 441 

Side Walks in Cliarlestown, regulated, _ _ . 435 

Society, Christian Union, in Haverhill, incorporated, - 438 

" Universalist in Hardwick, incorporated, - - 453 

" Universalist in Haverhill, incorporated, - - 464 

South Hadley and Granby, line between, established, - 437 

Suffolk Insurance Company, to hold additional Real Estate, 439 

Sunderland Bridge, rates of toll at, increased, - - 449 

T. 

Trustees of Ministerial Fund in Leicester incorporated, 426 

" of Greene Foundation, board of, regulated, - - 441 

" of Ministerial Fund in Reading, how elected, &c. 443 

Turnpike, Central, incorporated, - . - _ 430 

" Cambridge and Watertown, established, - - 433 

u. 

Universalist Society in Hardwick, incorporated, - - 453 

" " in Haverhill, incorporated, - - 464 

Uxbridge and INIendon, Probate Courts to be holden alter- 
nately in, ------- 425 

w. 

"Water Power Company in Boston, established, - - 444 
West Boston Bridge, Proprietors of, authorized to make a 

Turnpike, ------- 433 

West Parish in West Newbury, name altered, - - 442 
Wharf Long, or Boston Pier, Proprietors of, to hold addition- 
al Real Estate, 418 

Worcester County, Probate Courts in, altered, - - 425 



liAWS 



OF THE 



CommonUiealtl) of ^ajS^aclju^ettjS. 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE FIFTH 

OF JANUARY, AND ENDED ON SATURDAY, THE TWENTY-SIXTH 

OF FEBRUARY, ONE THOUSAND EIGHT HUNDRED AND 

TWENTY-FIVE. 



Published agreeably to a Resolve of 16th January, 1812. 




BOSTON: 

PRINTED BY TRUE AND GREENE, PRINTERS TO THE STATE. 



w«vwwv\^^ 



1825. 



LAWS 



OF THE 

COMJMONWEALTH OF MASSACHUSETTS. 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE FIFTH OF 
JANUARY, AND ENDED ON SATURDAY, THE TWENTY -SIXTH OF FEBRU- 
ARY, ONE THOUSAND EIGHT HUNDRED AND TWENTY-FIVE. 



CHAP. XLI. 

An act for the incorporation of the Proprietors ot 
the Independent Congregational Church in Barton 
Square, in Salem. 

Sec. 1. Jl5E z7 enacted by the Senate and House 
of Representatives in General Court assembled, and persons incoj' 
by the authority of the same. That Stephen Phillips, porat«d. 
Ezekiel Hersey Derby, Willard Peele, Nathaniel 
West, George Nichols, Samuel Mansfield, Stephen 
C. Phillips, J abez Smith, Arad Pomroy, Joseph Ropes, 
Benjamin Dodge, David Pulsifer, Joseph Pulsifer, 
Abel Hersey, Samuel Hodges, William Fettyplace, 
Franklin H. Story, Stephen White, George Cleave- 
land, Jonathan Hodges, Nathaniel West, Jr. John Der- 
by, William Stearns, John D. Treadwell, George S. 
Johonnot, Ichabod Nichols, Charles Saunders, John 
Nichols, and William Peele, and all other persons, 
who now are, or hereafter may become proprietors 
of and in the Independent Congregational Chiirch 



474 IND. CON. CHURCH IN SALEM. Jan. 26, 1825. 

in Salem, in the county of Essex, of which the Rev- 
erend Henry Colman is the elected Pastor, their 
successors and assigns, shall be, and hereby are 
created and established, as a relisjious society and 
body corporate antl politic, by the name of The 
Proprietors of the Independent Congregational 
Church in Barton Square, in Salem, and by that 

Mav sue and ^^^^^^ ^^J ^"^ ^^^ ^^ sucd, plead and be implead-. 

be iued. cd, and possess and enjoy all the privileges, powers, 
and immunities, to which parishes, and other reli- 
gious societies, are, by the Constitution and Laws of 

Real and per- this Common Wealth entitled ; and shall have autho- 

sonai estate, j,-^^ ^^ take, hold, and possess, by grant, gift, devise, 
or otherwise, any real or personal estate, for the 
purpose of supporting public worship, and other re- 
ligious, parochial, and charitable purposes, not ex- 
ceeding the annual income of five thousand dollars, 

Officers. and shall also have authority to choose and appoint 
all such officers, and make all such by-laws and reg- 
ulations as may seem to them expedient or conve- 
nient, for the clue government of the said society, and 
the managemeyit of their funds, and other parochial 

Proviso. concerns : Providedy such by-laws and regulations 
shall be in no wise contrary to the Constitution and 
Laws of this Commonwealth : and all meetings of 
the said society shall be called and warned in such 
manner as the by-laws and regulations thereof shall 
provide. 

Sec. 2. Be it farther enacted. That at all meetings 

Who may of the Said society, the proprietor or proprietors of 

vote. the pews, and no other persons, shall be entitled to 

vote, allowing one vote for every pew ; but the socie- 
ty maj", nevertheless, by their by-laws and regula- 
tions, provide for the admission of the occupant or 
occupants of any pew to vote in the choice of any 
minister hereafter to be settled over the said so- 
ciety. 

Sec. 3. Be it further enacted, That the said socie- 

Ta.x on pews, ^y g|j^|| \^^yQ f^i}] power and authorit}^ at any meet- 
ing duly called for that purpose, to assess on the 



IND. CON. CHURCH IN SALEM. Jan. 26, 1825. 475 

pews in the said churcii, all such taxes as ma}- be 
necessary or proper for the maintenance of public 
worship, and the repairs and preservation of the 
said Church, and for all other parochial char2;es and 
expenses, according to the relative value of the said 
pews, as the same are now paid ; and the taxes so 
assessed shall be a lien on the same pews respec- 
tively ; and in case of the non-payment of the tax or 
taxes so assessed, for the space of two successive 
years after the same shall be so assessed, the pew 
or pews respectively, on which the same shall be 
assessed, shall be forfeited to the said Society, and pews forfeit- 
may be sold at public auction, in such manner as the ed. 
said society shall, by their by-laws and regulations, 
provide ; and the net proceeds of said sale, after de- 
ducting the amount of all taxes due thereon, and 
the charges of sale, shall be paid over to the proprie- 
tor of the pew so sold, or to his assigns ; and the 
society shall have full authority to convey it to the 
purchaser of any pew so sold, a good and valid title 
as proprietor thereof. 

Sec. 4. Be it further enacted. That there shall be 
an annual meeting of the society, on the first Mon- Annual me»t- 
day of May in every year, unless some other day i^gs 
shall be prescribed by the by-laws and regulations 
thereof, at which meeting, or any other meeting 
duly called, the said society may choose their offi- 
cers, who shall hold their offices duiing one year, 
and until others are chosen in their stead ; and may 
also assess all taxes for the maintenance of public power to raise 
worship, and other parochial charges and expenses, ^'^ney. 
and ex'jrcise all, and any other powers, which, under 
this act of incorporation, the said society are enabled 
at any time to exercise. 

Sec. 5. Be it further enacted, That any person 
who shall unite in religious worship with the said 
society, by becoming a proprietor or occupant of 
^any pew in said Church, in part or in w^hole, and 
shall obtain a certificate thereof, from the minister 
and clerk of the said society, that he hath so united 
in public worship with them, shall, from and after ob- 



476 JNEWT. CHEMICAL COMPANY. Jan. 26, 1825, 

taining such certificate, and filing the same with the 
iSiTceSn clerk of the society left, be exempted, as well in 
taxes. person as in estate, from all taxation for the support 

of religious worship in every other religious society, 
so long as he shall continue a proprietor or occu- 
pant as aforesaid. 

Sec. 6. Be it further enacted, That the first meet- 
„ , ^ ino; of the said society shall be called by the said 
meeting shall Stephen PhiUips, Ezekiel Hersey Derby, Willard 
he called. Peelc, Gcorge Nichols, and Nathaniel West, Junior, or 
by any two or more of them, b}' an advertisement in 
some newspaper printed in Salem, seven days be- 
fore the time of holding such meeting ; and at such 
meeting, all business may be transacted which 
should be done at any annual meeting, and all the 
proceedings may be had to organize the said socie- 
ty, and to carry into effect all the powers given in 
this act to the said society, in the same manner as if 
they were herein specially enumerated. 

[Approved by the Governor, January 26, 1825.] 



CHAP. XLH. 

An Act to incorporate the Newton Chemical 
Company. 

Sec. 1. jOE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Personsincor- ^V l^^ ttuthority of thc same. That Samuel L. Dana, 
porated. Nathaniel Williams, and John A. Lowell, and all such 
persons as may hereafter associate with them, their 
successors and assigns, be, and they hereby are, con- 
stituted a body politic and corporate, by the name 
of "The Newton Chemical Company," with all 
the powers rind privileges, and subject to all the 
duties contained in an Act passed on the third day 
of March, in the year of our Lord one thousand 
eight hundred and nine, entitled, " An Act defining 



B. LINE OF N. & W. BRIDGW. Jmu 26, 1825. 477 

the general powers and duties of Manufacturing 
Corporations," and the several acts in addition 
thereto. 

Sec. 2. Be it further enacted^ That the said Cor- 
poration be, and they hereby are, declared capable 
to have, hold, and possess lands, tenements, and ^^y),P[JJrca'i 
hereditaments, not exceeding in value the sum of ^state. 
twenty thousand dollars, exclusive of improvements, 
and may erect on the same all such buildings, fur- 
naces, machiner}^ and apparatus as may be necessa- 
ry and proper for making mineral acids and any other 
chemical article or articles ; and the said Corporation 
is further authorized to hold and possess personal ^^^ j^^j^ ^, 
estate not exceeding one hundred thousand dollars possess per- 
in amount, the whole of which corporate property ^^"^' ®**^*® 
shall be divided into one hundred shares. 

[Approved by the Governor, January 26, 1825. 



CHAP. XLIII. 

An Act to establish the Boundary Line between 
the towns of North Bridgewater and West Bridge- 
water, in the county of Plymouth. 

jt>E it enacted by the Senate and House of Rep- 
resentatives in General Court asssembled, and by the 
authority of the same, That from and after the pass- 
ing of this act, the Boundary Line between the 
towns of North Bridgewater and West Bridgewater, 
in the County of Plymouth, shall forever hereafter be 
known, fixed and established, to be as follows, to wit : 
to begin at a large stone erected on the easterly Linpdescrib 
line of the town of Easton, in the County of Bristol, ed 
marked N. B. and from thence running north eighty- 
eight degrees east, to a stone standing by the side 
of the highway to the southward of Daniel Manly's 
house, marked N. B. ; from thence continuing the 
same course, to wit; north, eighty-eight degrees 



478 HAMILTON MANUF. COMP. Jan. 26, 1825. 

east, passing the southerly end of Ebenezer Dun- 
bars dwelling house, to a stone standing on the wes- 
terly side of the highway leading from New Bed- 
ford to Boston, between the old saw-mill dam and 
the dwelling house of the widoAV Betty Thayer, 
marked N. B. and W. B. and from thence running 
north eighty-eight degrees east, to a station on the 
west bank of Salisbury Plain river, so called, and 
from thence running southerly on the westerly bank 
of said river, and crossing the highway, in the cen- 
tre, between the two bridges at Cart Bridge, so call- 
ed, to a station on the south side of said highway, 
then easterly, by the southerly side of said highway, 
to the westerly line of Captain Robert Packard's 
homestead farm, and from thence running southerly 
on the westerly line of said Packard's homestead 
farm, ninety-seven rods to a station on said line, 
and from thence running north, eighty-eight degrees 
east, until it intersects the westerly line of East 
Bridgewater. The said town of North Bridgewater 
being on the northerly and easterly side of said 
line, and the said town of West Brigewater being 
on the southerly and westerly side of said line ; 
and the above described line shall forever hereafter 
be known, fixed and established, to be the true 
Boundary Line between said towns, any law to the 
contrary notwithstanding. 

[Approved by the Governor, January 26, 1825.] 



CHAP. XLIV. 

An Act to incorporate the Hamilton Manufacturing 
Company. 

Sec. 1. Jt>E zY enacted by the Senate and House 

of Representatives in General Court assembled, and 

Peraons incor- % the authority of the same, That Samuel Batchel- 

porated ^^^^ Benjamin Gorham, William Appleton, William 

Sturgis, and John Lowell. Jr. their associates, sue- 



SOUTH BOSTON ASSOCIAT. Jan. 26. 1825. 479 

cessors, and assigns, be, and they are hereby made 
a Corporation, by the name of " The Hamilton Man- 
ufacturing Company," for the purpose of Manufac- 
turing Cotton and Woollen Goods, in Chelmsford, in 
the County of Middlesex, and for this purpose shall 
have all powers and privileges, and be subject to all Powers and 
duties and requirements, contained in an Act passed on p^^^'^s^s. 
the third day of March, in the year of our Lord one 
thousand eight hundred and nine, entitled, " An Act 
defining the general powers and duties of Manufac- 
turing Corporations," and the several acts in addi- 
tion thereto. 

Sec. 2. Be it further enacted. That the said Cor- 
poration may be lawfully seized and possessed of 
such real estate, not exceeding the value of one Estate real, 
hundred thousand dollars, exclusive of improve- ^" "^^^^^^ ■ 
ments, and such personal estate, not exceeding the 
value of five hundred thousand dollars, as may be 
necessary and convenient for carrying on the man- 
ufacture aforesaid. 

Sec. 3. Be it further enacted, that any one of the 
persons mentioned in this Act, be, and is hereby au- Who may ap- 
thorized to appoint the time and place for holding p°'"5 ^'^''^ 

1 r • c ' J r^ • 1 n meeting. 

the nrst meetmg oi said Corporation, and to notify 
them thereof, either by personal notice or other- 
wise. 

[Approved by the Governor, January 26, 1825.] 



CHAP. XLV. 

An Act, in further addition to an Act, entitled, " An 
Act to incorporate certain persons into a Compa- 
ny, by the name of the South Boston Association." 

-OE it enacted by the Senate and House of Repre- 
sentatives in General Court assembled, and by the 
authority of the same, That an Act made and passed 
on the fourteenth day of Julie, in the year of our 

65 



480 FIRST UNIV. SOC. IN ACTON. Jan. 27, 1825 

Lord, one thousand eight hundred and five, entitled, 
" An Act to incorporate certain persons into a com- 
pany by the name of the South Boston Association," 
be, and the same hereby is continued in force until 
the fourteenth day of June, which will be in the year 
of our Lord, one thousand eight hundred and thirty- 
five, any thing in the act, to which this is in addi- 
tion, to the contrary notwithstanding. 

[Approved by the Governor, January 26, 1825.] 



CHAP. XLVL 

An Act to incorporate the First Universalist Society 

in Acton. 

Sec. 1. -OE it enacted by the Senate and House 
of Representatives in General Court assembled., and 
by the authority of the same., That Robert Chaflfin, 
Pwsonsincor- Samuel Sargent, Simon Hosmer, Charles Hendley, 
porated. 2d. John Hendley, Ephraini Robbins, John Hend- 
ley, 2d. Cephas Hartwell, Joseph Robbins, Jonathan 
B. Davis, Simon Hosmer, 2d. Ward S. Haskell, 
Aaron Chaffin, Solomon Smith, 2d. Joseph Chaffin, 
Daniel White, 2d. Moses Woods, Thomas Thorp, 
Josiah Brown, 2d. John Fletcher, wSamuel Sargent, 
2d. John Harris, John Harris, 2d. Nathan Raymond, 
Elias Chaffin, Levi Warren, Calvin Hale, Charles 
Whitmarsh, Luther Trobridge, Nathan Patch, John 
Olivers, John Chaffin, Charles Hei.d]ey,Daniel Hend- 
ley, Isaac How, Lewis How, Abel Hendley, Joshua 
Sawyer, Abraham Foster, Theodore W^heeler, Sime- 
on Knight, Silas Piper, 2d. Charles Davis, John D. 
Robbins, Joshua Tower, Jonathan Wheeler, 2d. Na- 
thaniel G. Brown, Silas Conant, and James Ross, 
and all others who may associate with them, be, and 
they are hereby incorporated as a religious society, 



LOCKS & CANALS IN M. RIV. Jan. 27, 1825. 481 

by the name of " The First Universalist Society in 
Acton," with all the privileges, powers, and immu- 
nities to which other religious societies in tliis Com- 
monwealth are entitled by law. 

Sec. 2. Be it further enacted^ That said Society 
may have power to order and establish such rules, Rules and by.- 
regulations and bj^-laws, for the management of their ^^^^^ 
concerns, as they may think proper, provided the 
same are not repugnant to the Constitution and 
Laws of this Commonwealth. 

Sec. 3. Be it further enact ed^ That any Justice of 
the Peace for the County of Middlesex, is hereby 
authorized to issue a warrant directed to some mem- 
ber of said society, requiring him to notify and warn 
the members thereof, to meet at such convenient 
time and place as shall be appointed in said war- 
rant, for the choice of such officers as parishes are choice of off, 
by law empowered to choose at their annual par- '^*^'^^ 
ish meetings. 

[Approved by the Governor, January 27, 1825.] 



CHAP. XLVIL 

An Act relating to the Locks and Canals on Merri- 
mack river. 

-t>E it enacted by the Senate and House of Repre- 
sentatives in General Court assembled, and by the 
authority of the same. That the proprietors of the 
Locks and Canals on Merrimack River be, and they 
hereby are authorized to purchase, take, and hold, May hold real 
all or any part of the real estate, with its appurte- ^^^^^^> ^^^ 
nances, water power, and mill privileges, which are 
now holden by the Merrimack Manufacturing Com- 
pany, and also to purchase, take, and hold such oth- 
er real estate in the towns of Chelmsford, Dracut, 



482 COURTS OF SESSIONS. Jan. 27, 1825. 

and Tewksbury, as they may think proper, not 
exceeding in value one hundred thousand dollars, 
exclusive of improvements ; and all such or other 
estates in their possession, with the mill or water 
power, which they have acquired, or may acquire, 
by enlarging their canal, to improve, sell, or lease, 
as all other proprietors and owners of estates, may 
Proviso lawfullv do : Provided^ however, that nothing con- 

tained in this Act, shall give to the proprietors of 
the said Locks and Canals, or the said Merrimack 
Manufacturing Company, any other rights, powers, 
or privileges in and over the said mill or water pow- 
er, than they now have and possess, or may acquire 
by purchase as owners and proprietors thereof. 

[Approved by the Governor, January 27, 1825.] 



CHAP. XLVIII. 

An Act in addition to an Act to establish Courts of 

Sessions. 

Sec. 1. i>E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That from and after 
the passing of this Act, the Court of Sessions, with- , 
in and for the county of Hampden, shall be holden 

Timc'ofhoid- at Springfield on the first Tuesday in April, and on 

mg Courts. ^^^ second Tuesday in September. 

Sec. 2. Be it further enacted, That the Act to 
which this is in addition, so far as it relates to the 
time of holding the Court of vSessions in and for the 
County of Hampden, be, and the same is hereby re- 
pealed. 

[Approved by the Governor, January 27, 1825.] 



CITY OF BOSTON. Jan. 27, 1825. 483 



CHAP. XLIX. 

An Act, in further addition to an Act, entitled " An 
Act establishing the City of Boston." 

Sec. 1. J>E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the election of the 
Mayor, Aldermen, and Common Counrilmen, and 
such other officers of the City of Boston, as are now 
by law to be chosen on the second Monday in April, 
annually, shall in future be made on the second Time of dec- 
Monday in December, annually, and the said offi- 
cers so chosen shall hold their respective offices for 
the same term of time, and the same proceedings 
shall be had in relation to such elections as is pro- 
vided in and by the Act entitled, " An Act establish- 
ing the City of Boston," to which this is in addition : 
Provided, nevertheless, that the next choice of the Proviso. 
said City officers shall be made at such time, and in 
such manner, as are prescribed in and by the Act 
aforesaid, and the officers so elected shall severally 
hold their offices until the first Monday of January 
next, any thing in this Act to the contrary notwith- 
standinn;. 

Sec. 2. Be it further enacted, That the officers 
chosen under and by virtue of this Act, shall enter 
on the duties of their respective offices on the first 
Monday of January in each year, and shall be liable 
to all the duties and restrictions, and shall exercise 
all the powers to which the said oflBcers are respec- 
tively subject or entitled, under and by virtue of the 
Act to which this is in addition, and of all other 
Acts having relation to this subject matter. 

Sec. 3. Be it further enacted. That this Act shall This Act, how 
be void, unless the inhabitants of the City of Boston, ""'^"^ 
at any general meeting duly warned by public no- 
tice, of at least fourteen days, by the Mayor and 



484 PLYMPTON IRON COMPANY. Jan. 29, 1825. 

Aldermen, shall, within sixty days from the passing 
hereof, by written vote adopt the same. 

Sec. 4. Be it further enacted^ That all the provi- 
sions of the Act to which this is in addition, or of 
any other Act inconsistent with the provisions of 
this Act, shall be, and hereby are repealed. 

[Approved by the Grovernor, January 27, 1825.] 



Persons in- 
porated. 



Powers 

leges, «&.c 



privi- 



Estate, real 
and personal. 



CHAP. L. 

An Act to incorporate the Plympton Iron Company. 

Sec. 1. JSe it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Ebenezer Lob- 
dell of PI3 mpton, in the County of Plymouth, Lewis 
Tappan, Isaac C. Kendall, and William Lovering Jr. 
of the City of Boston, together with such other per- 
sons as may hereafter associate with them, their suc- 
cessors and assigns, ue and they hereby are made a 
Corporation by the name of the PI} mpton Iron Com- 
pany, for the purpose of manufacturing nails, nail 
plates, tacks, and iron work of all kinds, in the Town 
of Plympton aforesaid, and for that purpose shall 
have all the powers and privileges, and be subject 
to all the duties and requirements, contained in an 
act passed on the third day of March, in the year of 
our Lord one thousand eight hundred and nine, en- 
titled "an act defining the general powers and du- 
ties of Manufacturing Corporations," and the several 
acts in addition thereto. 

Sec. 2. Be it further enacted, That the said Cor- 
poration may be lawfully seized and possessed of 
such real estate, not exceeding the value of seventy 
five thousand dollars, and such personal estate, not 
exceeding the value of fifty thousand dollars, as may 



FRAUDS UPON BANKS. Jan. 29, 1825. 485 

be necessary and convenient for carrying on the 
manufactory aforesaid. 

[Approved by the Governor, January 29, 1825.] 



CHAP. LI. 

An Act to prevent and punish Frauds upon Banks. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives i?i General Court assembled, and 
by the authority of the same, That any cashier or 
other officer or servant of any Bank incorporated 
within this Commonwealth, for the purpose of issu- 
ing bills or notes, who shall embezzle or fraudulent- 
ly convert to his own use, or fraudulently take or se- 
crete, with intent to convert to his own use, any 
money, note, bill, obligation, security, bullion, or ef- 
fects, of and belonging to such bank, and in its pos- 
session, or belonging to any person or persons, or 
body or bodies politic or corporate, and deposited 
in such bank, shall be deemed, in so doing, to have 
committed the crime of larceny ; and every person 
so offending, or assisting and aiding therein, being 
thereof duly convicteti in any court of this Common- 
wealth having jurisdiction of such offence, shall be 
punished by solitary imprisonment in the common 
Gaol or the State Prison, for a period of not less than 
three months, and not exceeding one year, and by 
confinement, afterwards, to hard labor, in the com- 
mon Gaol or the State Prison, for a period of not less 
than three years and not exceeding ten years, ac- 
cording to the degree and aggravation of the offence. 
Sec. 2. Be it further enacted, That an Act entitled, 
"An Act to prevent frauds on the Massachusetts 
Bank," passed on the sixteenth day of March, in the 
year of our Lord one thousand seven hundred and 
eighty four, be, and the same hereby is repealed. 



Punishmeut 



[Approved by the Governor. January 29, 1825.] 



486 SEC. OF OWN. OF LAND, &c. Feb. 8. 1825. 



CHAP. IJI. 

An Act for the better security of owners of land 
from claims for light, air, and way. 

X>E it enacted by the Senate and House of Rep- 
resentatives in Gtheral Court assembled, and b'y the 
authority of the same, That from and after the pass- 
ing of this act, no right shall by lapse of time accrue, 
or be deemed to have accrued, to any person or body 
corporate, to have any privilege of air, or light, or 
way, from, in, upon or over the land of any other 
person or body corporate in any case in which the 
owner or owners of such land (or his, her, or their 
guardians, if the same be owned by persons under 
guardianship,) shall have caused to be recorded in 
the Registry of Deeds for the county in which said 
land lies, before the time when such right would 
otherwise by law have accrued, a notification of his, 
her or their intention thereby to prevent the accruing 
of such right; a copy of which notification shall be 
served upon such person, his or her agent, attorney 
or guardian if within the Commonwealth, and if not, 
upon the tenant or occupant of the estate, in favor 
01 which such privilege would so accrue by lapse of 
time, or upon the President, Secretary or Clerk of 
such body corporate to whom such privilege might 
otherwise so accrue, and the evidence of such service 
shall be returned upon such original notification, to 
be recorded therewith, as aforesaid. 

[Approved by the Lt. Governor, February 8, 1825.] 



N. BED>— ANNA. MAN. COM. Feb. 8, 1825. 487 



CHAP. Liir. 

An Act to empower the Selectmen of the Town of 
New-Bedford to increase the number of Engine- 
men. 

a^ it enacted by the Senate and House of 
Representatives in General Court assembled and by 
the authority of the same. That the Selectmen of the ^^lectmen au- 
Town of New-Bedford, for the time being, be, and appofm, &c. 
hereby are authorized and empowered, hereafter to 
nominate and appoint fifteen Enginemen in addition 
to the number now authorized by law, to be attach- 
ed to the Suctioli Engine in New-Bedford, making 
the number of forty Engine-Men, hereafter to be ap- Number, and 
pointed for said Engine, in the month of March, an- ^j^"^pp°'"'- 
nually, so long as the said Suction Engine continues 
to be in good order, who shall be subject to the 
same duties, and vested with the same powers, and Duties, pow- 
entitled to the same rights, privileges and exemp- ^rs, &c. 
tions, that other engine-men now by law are. 

[Approved by the Lt. Governor, February 8, 1825.] 



CHAP. LIV. 

An Act to establish the Annawan Manufacturing 
Company. 

Sec. 1. JdE 2Y enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Abraham Wilkinson, Personsincor- 
Benjamin Rodman, and Bradford Durfee, together p*^^^^^"^ 
with such other persons as have associated, or may 
hereafter associate with them, their successors and 
66 



488 SAXON & LEICESTER FACTORY. Feb. 8, 1825- 

assigns, be, and they are hereby made a Corporation, 

Name. j^y t|^g name of the Annawan Manufactory, for the 

purpose of manufacturing Cotton and Woollen Cloths, 

and of stamping and printing the same in the town 

of Troy, and County of Bristol ; and for this purpose 

Powers, privi- shall liave all the powers and privileges, and be sub- 

^eges, c. j^^^ ^^ ^ij ^j^g duties and requirements contained in 

an act passed on the third day of March, in the year 

of our Lord one thousand eight hundred and nine, 

entitled "an Act, defining the general powers and 

duties of Manufacturing Corporations," and in the 

several acts passed in addition thereto. 

Sec. 2. Be it further enacted., That the said cor- 
poration may be lawfully seized of such real estate, 
Estate, real not exceeding the value of one hundred thousand 
and personal. (Joj]ars, and such personal estate, not exceeding one 
hundred thousand dollars, as shall be necessary and 
convenient for establishing and carrying on the 
manufactures aforesaid. 

[Approved by the Lt. Governor, February 8, 1825.] 



CHAP. LV. 

An Act to incorporate the Saxon and Leicester 
Factory. 

Sec. 1. -KE it enacted by the Senate and House of 
Representatives in General Court assembled., and by 
the authority of the same. That the Saxon Factory 
and the Leicester ManufactiuMng Company be, and 

Name. they are hereby made one Corporation, by the name 

of the Saxon and Leicester Factory, for the purpose 
of Manufacturing Wool, Cotton, and Machinery, in 
the towns of Leicester, in the County of Worcester, 
and Framingham, in the County of Middlesex ; and 

Powers, &c. for this purposc, shall have all the powers and privi- 



CALVIN. SOCI. IN WORCESJ Feb. 8, 1825. 489 

leges, and be subject to all the duties and require- 
ments contained in an Act passed on the third day 
of March in the year of our Lord one thousand eight 
hundred and nine, entitled " An Act defining the gen- 
eral powers and duties of Manufacturing Corpora- 
tions," and the several Acts in addition thereto. 

Sec. 2. Be it further enacted^ That said Corpora- 
tion may be laAvfully seized of such real and person- Estate real 
al estate, not exceeding six hundred thousand dol- and personal. 
lars, as may be necessary for carrying on the Facto- 
ry aforesaid. 

Sec. 3. Be it further enacted, That the Clerk of 
either of said Corporations be authorized to call the 
first meeting of the Corporation hereby established, First meeting. 
by giving public notice thereof in one or more news- 
papers published in the City of Boston, at least ten 
days before the time appointed for said meeting. 

[Approved by the Lt. Governor, February 8, 1825.] 



CHAP. LVL 

An Act to incorporate the Calvinist Society in 
Worcester. 

Sec. 1. -OE e7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Daniel Waldo, persons incor 
John Hubbard, Moses M. Chihl, and Lawrence Pirated. 
Hubbard, with their associates and successors, be, 
and they hereby are incorporated by the name of 
the Calvinist Society in Worcester, with all the 
powers, privileges, and immunities to which parishes Powers and 
and other religious societies are entitled by the Con- P"vi'eges. 
stitution and Laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any Justice of 
the Peace in the town of Worcester, upon applica- 



490 



Power to 
warn mem- 
bers. 



HINGH. UMBREL. MANUF. CO. Feb, 8, 1825. 

cation therefor, is hereby authorized and empow- 
ered to issue his warrant to some member of said 
Calvinist Society in Worcester, requiring him to no- 
tify and warn the members thereof to meet at such 
convenient time and place as shall be appointed in 
said warrant, to organize said society, and transact 
such other business as may be necessary. 

[Approved by the Lt. Governor, February 8, 1825.] 



CHAP. LVII. 



Au Act to incorporate the Hingham Umbrella Man- 
ufacturing Company. 

Sec. 1. -DE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
pcrsonsincor- the authority of the same, That Benjamin S. Wil- 
porated. liams, Samucl F. Coolidge, Benjamin Poor, Francis 
Head, James Howe, Hall J. Howe, Eliphalet Kim- 
ball, John Clark, together with such others as now 
have or may hereafter associate with them, their 
successors and assigns, be, and they are hereby 
made a coi^poration by the name of The Hingham 
Umbrella Manufacturing Company, for the pur- 
pose of manufacturing umbrellas and parasols, and 
the furniture for the same, in the town of Hingham, 
in the County of Plymouth, and for this purpose, 
Powers and shall have all the powers and privileges, and shall 
priviiegcsj&c. be subject to all the duties and requirements pre- 
scribed and contained in an Act passed the third 
day of March, in the year of our Lord one thousand 
eight hundred and nine, entitled " an Act defining 
the general powers and duties of Manufacturing 
Corporations," and the several Acts in addition 
thereto. 



Proviso. 



EAGLE INSURANCE COMP. Feb. 8, 1825. 491 

Sec. 2. Be it further enacted^ That the said Hing- 
ham Umbrella Manufacturing Company, in their j^^^, ^^^ 
corporate capacity, may lawfully hold and possess sonai aetate. 
such real and personal estate as may be necessary 
and convenient for carrying on the said Manufactory : 
provided the value of such real estate shall not ex- 
ceed the sum of twenty-five thousand dollars, and the 
value of such personal estate shall not exceed fifty 
thousand dollars. 

[Approved by the Lt. Governor, February 8, 1825.] 



CHAP. LVIII. 

An Act in addition to an Act, to incorporate the 
Eagle Insurance Company. 

Sec. 1. i>E it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same, That the said Eagle 
Insurance Company be, and they hereby are em- 
powered to increase their present capital stock, by Capital stock 
the addition of any sum or sums not exceeding in 
the whole, the further sum of two hundred thousand 
dollars. The whole capital stock of said company 
being at no time to exceed the sum of three hun- 
dred thousand dollars. 

Sec. 2. Be it further enacted. That the said Ea- 
gle Insurance Company may purchase and hold real estYte °&c^^*^ 
estate, other than such as may be taken for debt, or 
held as collateral security for money due, to an 
amount equal to twenty per cent, on their capital, 
which shall, at the time, have been actually paid in. 

[Approved by the Lt. Governor, February 8, 1825.] 



492 



FALL RIV. IR. WORKS COMP. Feb. 8, 1825. 



CHAP. LIX. 

An Act in addition to an Act, entitled, " An Act to 
incorporate the Proprietors of the Farmers' Hotel 
in the town of Brighton." 

IjE it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same^ That a further time of 
three years from and after the passing of this Act, 
be, and the same is hereby allowed the Proprietors 
of the Farmers' Hotel, in the town of Brighton, to 
erect a spacious Hotel, any thing in the Act to whicli 
this is in addition, to the contrary notwithstanding. 

[Approved by the Lt. Governor, February 8, 1825.] 



CHAP. LX. 

An Act to establish the Fall River Iron Works 
Company. 

Sec 1. jSE it enacted by the Senate and House 
of Representatives in General Court assembled., and 
Persons incor- by the authority of the same, That Abraham Wilkin- 
poratod. gQj^^ Isaac Wilkinson, William Valentine, Joseph 
Butler, and Bradford Durfee, together with such oth- 
er persons as have associated, or may hereafter as- 
sociate with them, their successors and assigns, be, 
and they are hereby made a (Corporation by the 
name of The Fall River Iron Works Company, for 
the purpose of making iron from the ore, of rolling 
copper and iron, of manufacturing nails and other 
modifications of iron in the town of Troy, and Coun- 
powers and ty of Bristol ; and for this purpose shall have all the 
priviiegee. powcrs and privileges, and be subject to all the duties 



BOS. & BRAIN. C. & BRASS MAN. Feb. 8, 1825. 493 

and requirements contained in an Act passed on the 
third day of March, in the year of our Lord one thou- 
sand eight hundred and nine, entitled, " An Act de- 
fining the general powers and duties of Manufactur- 
ing Corporations," and in the several acts in addition 
thereto. 

Sec. 2. Be it further enacted^ That the said Cor- 
poration may be lawfully seized of such real estate Estate, real 
not exceeding one hundred thousand dollars, and ^"^ personal. 
such personal estate, not exceeding one hundred 
thousand dollars, as shall be necessary and conven- 
ient for establishing and carrying on the manufac- 
tures aforesaid. 

[Approved by the Lt. Governor, February 8, 1825.] 



CHAP. LXI. 

An Act to incorporate the Boston and Braintree 
Copper and Brass Manufactory. 

Sec. 1. JjE zY enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same, That Paul Revere, of 
Braintree, William Blake, of Braintree, and John Personsincor- 
W. Sullivan, of Boston, together with such others P"'^'^*^' 
as may hereafter associate with them, and their suc- 
cessors, be, and they are hereby made a Corpora- 
tion by the name of The Boston and Braintree Cop- 
per and Brass Manufactory, for the purpose of manu- 
facturing Copper and Brass, and for that purpose Powers, prm- 
shall have all the powers and privileges, and also be ''^ses, &c. 
subject to all the duties and requirements, prescribed 
and contained in an Act passed the third day of 
March, in the year of our Lord one thousand eight 
hundred and nine, entitled, " An Act defining the 



494 



Estate, real 
and personal. 



AMER. INS. COM. IN SALEM. Feb. 8, 1825. 

general powers and duties of Manufacturing Compa- 
nies," and the several acts in addition thereto. 

Sec. 2. Be it further enacted, That the said Cor- 
poration may be lawfully seized and possessed of 
such real estate, not exceeding the value of fifty 
thousand dollars, and such personal estate not ex- 
ceeding the value of three hundred thousand dollars, 
as may be necessary and convenient for carrying on 
the business of said Corporation. 

[Approved by the Lt. Governor, February, 8, 1825.] 



Powers, privi- 
leges, &c. 



CHAP. LXII. 

An Act to incorporate the American Insurance Com- 
pany in Salem. 

Sec. 1. -OE «7 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That William P. Rich- 
ardson, Dudley L. Pickman, Pickerinsi; Dodge, John 
W. Rogers, Nathaniel West, junior, Robert Brook- 
house, Charles Saunders, Nathan W. Neal, John For- 
rester, and Robert Upton, with their associates, suc- 
cessors, and assigns, be, and hereby are incorporated 
into a Company and body politic, by the name of 
The American Insurance Company in Salem, with all 
the powers and privileges granted to insurance com- 
panies, and subject to all the restrictions, duties and 
obligations, contained in a law of this Commonwealth, 
entitled, " An Act to define the powers, duties and 
restrictions of Insurance Companies," passed on the 
sixteenth day of February, in the year of our Lord 
one thousand eight hundred and eighteen, and in a 
law of this Commonwealth, entitled, " An Act au- 
thorizing the several Insurance Companies in this 
Commonwealth to insure against fire," passed on the 



AMER. INS. COM. IN SALEM. Fch. 8, 1825. 495 

twenty-first day of February, in the year of our Lord 
one thousand eight hundred and twenty, for and dur- 
ing^ the term of twenty years aftei tlie passing of 
this act, and by that name may sue and be sued, 
plead and be impleaded, appear, prosecute and de- 
fend to final judgment and execution, and may have 
a common seal, which they may alter at pleasure, 
and may purchase, hold and convey any estate real 
or personal, for the use of said Company : Provided^ Proviso. 
the said real estate . shall not exceed the value of 
twenty thousand dollars, except such as may be ta- 
ken for debt or held as collateral security for money 
due to said Conipany. 

Sec. 2. Be it further enacted. That the Capital CapUai 
Stock of said Company, exclusive of premium notes 
and profits arising from business, shall not be less 
than one hundred and fifty thousand dollars, nor 
more than two hundred thousand dollars, and shall 
be divided into shares of one hundred dollars each, 
fifty per cent of which shall be paid in money by 
each and every subscriber on the amount of his sub- 
scription, within thirty days after public notice giv- 
en by the President and Directors, chosen by the 
stockholders, in two newspapers printed in the town 
of Salem, and the residue shall be secured by a de- 
posit of stock of the United States, or of this Com- 
monwealth, or of some bank within this Common- 
wealth, or such other security as may be approved 
by three fourths of the Directors, and to be paid in 
such sum or sums, at such time or times, and under 
such penalties as the said President and Directors 
shall in their discretion direct and appoint. 

Sec. 3. Be it further enacted, That the stock, pro- 
perty, affairs and concerns of the said Company shall 
be managed and conducted by not less than seven, 
and not more than twelve Directors, one of whom officers. 
shall be President thereof, who shall hold their offi- 
ces for one year, and until others are chosen and no 
longer ; and who shall at the time of their election 
be stockholders in said Company and citizens of this jyian^er of 
Commonwealth, and shall be elected on the second election. 
67 



496 



AMER. INS. COM. IN SALEM. Feb. 8, 1825. 



Proviso. 



Choice of 
President. 



Monday of February in each and every year, and at 
such time of the day, and in such place in the town 
of Salem as a majority of the Directors for the time 
beinp; shall appoint, of which election public notice 
shall be o^iven by publication in some newspaoer 
printed in Salem, ten days at least previous to such 
meeting : and the election shall be made by ballot 
by a majority of the votes of the stockholders pres- 
ent, allowinovone vote to each share in the capital 
stock; Provided.! that no stockholder shall be allow- 
ed more than ten votes, and absent stockholders may 
vote by proxy under such regulations as the said 
Company shall prescribe : and if, through any una- 
voidable accident, the Directors should not be chosen 
on the second IMonday of February as aforesaid, it 
s sail be lawful to choose them on any other day in 
the manner herein provided ; and it shall be the du- 
ty of the Secretary of said Company, at any time, 
upon application in writing of the proprietors of 
twenty per centum of the capital stock, to call a 
meeting of the stockholders, to be holden at such 
time and place in the town of Salem, as they shall 
direct, for the purposes mentioned in such applica- 
tion, by giving like notice thereof as is herein re- 
quired for the election of Directors. 

Sec. 4. Be it further enacted., That the Directors 
when chosen shall meet as soon as may be after ev- 
ery election, and shall choose out of their body one 
person to be President, who shall be sworn or af- 
firmed to the faithful discharge of the duties of his 
office, and who shall preside for one year, and in 
case of death, resignation or inability to serve, of the 
President or any Directors, such vacancy or vacan- 
cies shall be filled, for the remainder of the year in 
which they happen, by a special election for that 
purpose, to be notified and held in the same manner 
as herein before directed respecting annual elections 
of Directors. 

Sec. 5. Be it further enacted, That the President 
and half the Directors, or in his absence a majority 
of the Directors uhall be a Board competent to the 



AMER. INS. COM. IN SALEM. Feb. 8, 1825. 497 

transaction of business, and all questions before them 
shall be decided by a majority of votes, and they 
shall have power to make and prescribe such by- 
laws, rules and regulations, as to them shall appear 
needful and proper, touching the management and 
disposition of the stock, property, estate and effects 
of said Company, and the transfer of the shares, and 
touching the duties and conduct of the several offi- 
cers, clerks and servants employed, and the election , 
of Directors, and all such matters as appertain to the 
business of insurance : also shall have power to ap- 
point a Secretary and so many clerks and servants for 
carrying on the said business, and with such salaries 
and allowances to them and to the President, as to 
the said Board shall seem meet : Provided^ such by- Pi^oviso. 
laws and regulations shall not be repugnant to the 
Constitution and laws of this Commonwealth. 

Sec. 6. Be it further enacted^ That any two or 
more of the persons named in this act, are hereby 
authorized to call a meeting of said Company, by Meeting. 
advertising the same in some newspaper printed in 
Salem, in two successive papers, for the purpose of 
electing their first Board of Directors, who shall re- 
main in office until the second Monday in February, 
in the year of our Lord one thousand eight hundred 
and twenty-six, and until others shall be elected in 
their stead : Provided hoivever^ that this charter shall ^^'^^^^ 
be void and of no effect unless put into operation, 
agreeably to the terms of it, within one year from 
and after the passing of this act : Jlnd provided also, 
that the said Company shall not take any risk, or 
subscribe any policy, by virtue of this act, until one 
moiety of the capital stock of said Company shall 
have actually been paid in. 

Sec. 7. Be it further enacted^ That the said Com- 
pany shall never take on any one risk or loan on f^^° ^^ 
respondentia or bottomry on any one bottom, at any 
one time, including the sum insured in any other 
way on the same bottom, a sum exceeding ten per 
centum on the capital stock of said Company actu- 
ally paid in, agreeably to the provisions of this act. 



498 MER. INS. COM. IN SALEM. Feb. 8, 1825. 

Sec. o. Be it further enacted^ That the said In- 
surance Company shall be located and kept in the 
town of Salem. 

Sec. 9. Be it further enacted. That the' said Amer- 
ican Insurance Company shall be liable to be taxed 
by a general law, providing for the taxation of all 
similar corporations. 

[Approved by the Lt. Governor, February 8, 1825.] 



Liable to 
taxation. 



CHAP. LXIII. 

An Act to incorporate the Mercantile Insurance 
Company in Salem. 

Sec. 1. J>E 27 enacted by the Senate and House of 
Representatives in General Court assembled, and by 
Persons in- the authority of the same, That John Winn, junior, 
corporated. JMicliacl Shcpard, Joseph Howard, Francis Board- 
man, and Timothy Bryant, junior, with their associ- 
ates, successors, and assigns, be, and hereby are in- 
corporated into a Company and Body Politic, by the 
name of The Mercantile Insurance Company in Sa- 
lem, with all the powers and privileges granted to 
Insurance Companies, and subject to all the restric- 
tions, duties, and obligations, contained in a law of 
this Commonwealth, entitled, " An Act to define the 
powers, duties, and restrictions of Insurance Com- 
panies," passed on the sixteenth day of February, 
in the year of our Lord one thousand eight hundred 
and eighteen, and in a law of this Commonwealth, 
entitled, " An Act authorizing the several Insurance 
Companies in this Commonwealth to insure against 
fire," passed on the twenty-first day of February, in 
the year of our Lord one thousand eight hundred 
and twenty, for and during the term of twenty years 
after the passing of this act, and by that name may 
sue and be sued, plead and be impleaded, appear, 
prosecute, and defend to final judgment and execu- 



MER. INS. COM. IN SALEM. Feb. 8, 1825. 499 

tion, and may have a common seal, which they may 
alter at pleasure, and may purchase, hold and convey 
any estate, real or personal, for the use ot" said com- 
pany : Provided^ the said real estate shall not exceed Proviso. 
the value of twenty tliousand dollars, excepting such 
as may be taken for debt, or held as collateral secu- 
rity for money due to said Company. 

Sec. 2. Be it further enacted, That the capital ^^^^ 
stock of said Company, exclusive of premium notes 
ar.d profits arising from business, shall be one hun- 
dred and fifty thousand dollars, and shall be divided 
into shares of one hundred dollars each, fifty per 
cent of which shall be paid in money by each and 
every subscriber, on the amount of his subscription, 
within thirty days after public notice given by the 
President and Directors, chosen by the Stockhold- 
ers, in two newspapers printed in the town of Salem, 
and the residue shall be secured by a deposit of 
stock of the United States, or of this Common- 
wealth, or of some Bank within this Commonwealth, 
or such other security as may be approved by three 
fourths of the Directors, and to be paid in such sum 
or sums, at such time or times, and under such pen- 
alties as the said President and Directors shall in 
their discretion direct and appoint. 

Sec. 3. Be it further enacted, That the stock, pro- 
perty, affairs and concerns of the said Company, 
shall.be managed and conducted by nme Directors, officers. 
one of whom shall be President thereof, who shall 
hold their offices for one year, and until others are 
chosen, and no longer, and who shall at the time of 
their election be stockholders in said Company, and 
citizens of this Commonwealth, and shall be elected 
on the second Monday of April annuall}^, and at such Manner of 
time of the day, and in such place in the town of ^'^<^''"" 
Salem, as a majority of the Directors for the time 
being shall appoint, of which election public notice 
shall be given, by pui:)lication in some newspaper 
printed in Salem, ten days at least previous to such 
meeting, and the election shall be made by ballot, 
by a majority of the votes of the Stockholders pres- 



500 



MER. INS. COM. IN SALEM. 



Feb.S, 1825. 



Proviso 



Choice of 
President. 



ent, allowing one vote to each share in the capital 
stock: Provided, that no Stockholder shall be allow- 
ed more than ten votes, and absent Stockholders 
may vote by proxy, under such reg\ilations as the 
said Company shall prescribe, and if, through any 
unavoidable accident, the said Directors should not 
be chosen on the second Monday of A])ril as afore- 
said, it shall be lawful to choose them on any other 
day in the manner herein provided ; and it shall be 
the duty of the Secretary of the said Company, at 
any time, upon application in writing of the propri- 
etors of twenty per centum of the capital stock, to 
call a meeting of the Stockliolders, to he holden at 
such time and place in the town of Salem as they 
shall direct, for the purposes mentioned in such ap- 
plication, by giving like notice thereof as is herein 
required for the election of Directors. 

Sec 4. Be it further enacted, That the Directors, 
when chosen, shall meet as soon as may be after ev- 
ery election, and choose out of their body, one per- 
son to be President, who shall be sworn or affirnied 
to the faithful discharge of the duties of his office, 
and who shall preside for one year, and in case of 
death, resignation, or inability to serve, of the Pre- 
sident or any Directors, such vacancy or vacancies 
shall be filled forthe remainder of the year in which 
they happen, by a special election for that purpose, 
to be notified and held in the same manner as herein 
before directed, respecting annual elections of Di- 
rectors. 

Sec 5. Be it further enacted, That the President 
and four of the Directors, or five of them in his ab- 
sence, shall be a Board competent to the transaction 
of business, and all questions before them shall be 
decided by a majority of votes, and they shall have 
power to make and prescribe such by-laws, rulesand 
regulations, as to them shall appear needful and pro- 
per, touching the management and disposition of the 
stock, property, estate, and effects of said Company, 
and the transfer of the shares, and touching the du- 
ties and conduct of the several officers, clerks, and 



MER. INS. COM. IN SALEM. Feb. 8, 1825; 501 

servants employed, and the election of Directors, 
and all such matters as appertain to the business of 
insurance ; also shall have power to appoint a Sec- 
retary, and so many clerks and servants, for carrying 
on the said business, and with such salaries and al- 
lowances to them and to the President, as to the said 
Board shall seem meet : Provided., such by-laws and Proviso. 
regulations shall not be repugnant to the Constitu- 
tion and laws of this Commonwealth. 

Sec. 6. Be it further enacted. That any two or 
more of the persons named in this act, are hereby 
authorized to call a meeting of the said Company, Meeting, 
by advertising the same in some newspaper printed 
in Salem, in two successive papers, for the purpose 
of electing their first Board of Directors, who shall 
remain in office until the second Monday in April, m 
the year of our Lord one thousand eight hundred 
and twenty-five, and until others shall be elected in 
their stead: Provided hiwever, That this charter Proviso, 
shall be void, and of no effect, unless put into opera- 
tion agreeably to the terms of it, within one year 
from and after the passing of this act : ^?id provided 
also., That the said Company shall not take any risk, 
or subscribe any policy, by virtue of this act, until 
one moiety of the capital stock of said Company 
shall have actually been paid in. 

Sec. 7. Be it further enacted, That the said com- 
pany shall never take on any one risk, or loan on re- ^^^^ to be 
spondentia, or bottomry, on any one bottom, at any 
one time, including the sum insured in any other 
way on the same bottom, a sum exceeding ten per 
centum on the capital stock of said Company actu- 
ally paid in, agreeably to the provisions of this act. 

Sec 8. Be it further enacted, That the said Insu- 
rance Company, sliall be located and kept in the 
town of Salem. 

Sec. 9. Be it further enacted, That the said Mer- 
cantile Insurance Company shall be liable to be tax- Liabietotax- 
ed by a general law providing for the taxation of all ation. 
similar corporations. 

[Approved by the Lt. Governor, February 8, 1825.] 



502 MEAD. & BEACHES IN TRURO. Feb. 11, 1825. 



CHAP. LXIV. 

An Act to incorporate the Proprietors of Eastern 
Harbour Meadow sand Beaches in the town of Tru- 
ro, in the County of Barnstable. 

Sec. 1. 15 E it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, Th-dt ail the proprietors 
and owners of Eastern HarbourMeadows and Beaches 
in the town of Truro, in the County of Barnstable, 
from, and after the passing of this act, be and they 
hereby are incorporated into a body politic, by the 
name of the Proprietors of Eastern Harbour Mea- 
dows and Beaches in Truro, and by that name may 
sue and be sued, and do and suffer all matters, acts 
or things which bodies politic may or ought to do 
and suffer. 

Sec. 2. Be it further enacted, That after the pass 
ing of this act it shall not be lawful for the inhabi- 
tants of Provincetown, or Truro, or any other person 
or persons whatsoever, to turn out, feed, or suffer to 
run at large, any neat cattle, sheep or horse kind, 
on any of the meadows or beaches called and known 
by the name of Eastern Harbour Meadows and 
Beaches in Truro, upon the penalty, for each offence, 
of one dollar a head for all neat cattle and horse 
kind, and twenty cents a head for every sheep, so 
turned out, fed or suffered to run at large, on the 
meadows or beaches aforesaid, to be recovered by 
any inhabitant of either of the said towns before any 
Justice of the Peace for the County of Barnstable, 
by action of debt. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace in the County of Barnstable, be and he 
hereby is empowered and directed, upon application 
in writing from five or more of said proprietors, to 
issue his warrant to any one of the proprietors afore- 
said, requiring him to notify and warn the said pro- 



Penalty. 



MEAD. & BEACHES IN TRURO. Feb. 11, 1825. 503 

prietors to meet at such lime and place as he shall Meeting 
deetn most convenient, and for the purposes to be 
expressed in said warrant, by postins; up copies of 
said Avarrant, with the notifications thereon, at the 
Presbyterian Meeting house in Truro, and the 
Methodist Meeting house in Provincetown, seven 
days at least prior to the time of holding said meet- 
ing; and the said proprietors, when legally assem- 
bled as aforesaid, shall have rower to choose a clerk, choice oi' 
committee, assessors, collector of taxes, treasurer, ♦^^'^"^ 
and such otiier officers as they shall d<:^ii'Lii necessary, 
who shall be sworn to the faithful discharge of the 
trust reposed in them and continue to serve until 
others are chosen and sworn in their room, which 
may be when and as often as said Corporation shall 
judge necessary ; which officers, chosen and sworn 
as aforesaid, shall have the same power to perform, 
execute, and carry into effect any vote or lawful or- 
der of said Corporation, as town officers, of like de- 
scription, have by law to do and perform in their 
respective offices ; and the said Corporation, shall, 
at their first meeting, agree and determine upon a 
method of calling future meetings, and the said Cor- 
poration at any meeting, legally called for that pur- 
pose, may vote to raise monies for the purposes of 
making fences, setting out or plantmg beach grass, 
and for any other purposes which said proprietors 
may deem necessary for the preservation of said 
meadows, and for carrying the votes and orders of 
said Corporation into effect ; and all monies raised as 
aforesaid shall be assessed upon each proprietor, in Assessment 
proportion to the interest he or she may have in said 
meadows and beaches ; and if any proprietor shall re- 
fuse or neglect to pay the sum or sums assessed upon 
him or her as aforesaid, for the space of sixty days af- 
ter the assessment shall have been shewn to him by the 
Collector or a copy thereof left at his usual place of 
abode, so much of his or her meadow shall be sold 
by the Collector as will be sufficient to pay the 
same, with cost, notice of such sale to be given by 
the Collector, by posting up advertisements thereof 
68 



504 MEAD. & BEACHES IN TRURO. Feb. 11, 1825- 

in some public place in each of the aforesaid towns 
of Provincetown and Truro, thirty days prior to 
the sale, with the names of the proprietor or pro- 
prietors, the amount of taxes assessed upon their 
meadow or meadows respectively, and also the time 
and place of sale ; and if no person shall appear 
thereupon to discharge the said taxes and all inter- 
vening charges, then the Collector shall proceed to 
sell at public auction, to the highest bidder, so much 
only of said meadows as shall be sufficient to dis- 
charge said taxes and all intervening charges, and 
shall give and execute a i\ee{\ or deeds to the pur- 
chaser or purchasers, his or her heirs and assigns, 
expressing therein the cause of such sale, saving to 
such delinquent proprietor or proprietors, the right 
of redeeming the same for the space of one year, by 
paying the said purchaser the sum he may have 
given therefor, and interest after the rate of ten per 
centum per annum. And the said Corporation may, 
at their first meeting, or at any future meeting le- 
Ruies and gaily Called, establish such rules and regulations as 
regulations. ^\y^\ \)q judged uccessary : Provided the same are 
not contrary to the constitution and laws of this 
Commonwealth for the better managment of its af- 
fairs, for which purpose, in addition to the power 
and authority in this act given them, they are here- 
by invested with all the ]30wers legally appertaining 
to the proprietors of general and common fields, any 
law of this Commonwealth now existing to the con- 
trary notwithstanding. 

[Approved by the Lt Governor, February 11, 1825.] 



SOCIAL LIBRARIES. Feb. 12, 1826, 505 



CHAP. LXV. 

All Act in addition to an Act, entitled " An Act, in 
addition to an Act entitled an Act to enable the 
proprietors of Social Libraries to manage the 
same." 

Sec. 1. Be zY enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authonty of the same, That any sev en set- 
tled and ordained Ministers of the Gospel, within this 
Commonwealth, who shall become proprietors in 
common of any Theological Library, may form them- 
selves into a society or body politic, by the name of 

the Theological Society in the town of for 

the express purpose of holding, increasing, preserv- 
ing and using such Library : and shall have all the 
powers and privileges, and be subject to all the du- Powers, pn- 
ties and requirements contained in an Act passed ^^ ^^^^' ^' 
the eighth day of Blarch, in the year of our Lord, 
one thousand eigh<^ hundred and six, entitled " an Act 
to enable the proprietors of Social Libraries to man- 
age the same" ; and to this end, any five of them 
may make application to any Justice of the Peace 
within the county in which the Library is to be kept, 
stating the purposes of their meeting, and requesting 
him to call a meeting of said proprietors ; and the 
said Justice may thereupon grant his warrant to any 
one of them, directing him to call such meeting ac- ^^ '"" 
cordingly. And said meeting shall be called hy 
posting up the purport of said warrant in such pub- 
lic places in said county as said Justice shall order, 
and the proprietors, thus met and organized, may 
then agree upon the method of calling future meet- 
ings. 

[Approved by the Lt. Governor, February 12, 1825.] 



506 BOSTON & SALEM INS. CO. Feb. 12, 1825. 



CHAP. LXVI. 

An Act to preserve the Eel Fishery and to prevent 
the wilful destruction of Oysters and all other shell 
fish in the town of Harwich. 

Sec. 1. -OE // enacted by the Senate and House 
of Beprese^itatives in General Court assembled., and 
by the authority of the same. That from and aftef 
the date of this act, no fisherman, or any other per- 
son, shall take from the waters within the town of 
Harwich any Eels, without a permit from the Se- 
Penait' lectmcn of said town, under a penalty of three dol- 
lars for each bushel of fish so taken. 

Sec. 2. Be it further enacted., Ihat to prevent the 
destruction of Oysters and all other shell fish within 
the waters belonging to the said • town of Harwich, 
that all the provisions, fines, forfeitures, penalties, 
seizures and appropriations, prescribed and con- 
tained in an act passed in the year of our Lord 
seventeen hundred and ninety six, entitled, " An act 
to prevent the destruction of Oysters and other shell 
fish in this Commonwealth," and also the several 
acts in addition thereto, so far as they may be appli- 
cable to the purposes of this act, be, and they are 
hereby extended to the said town of Harwich. 

[Approved by the Lt. Governor, February 12, 1825.] 



CHAP. LXVH. 

An Act to incorporate the Boston and Salem Insu- 
rance Company. 

Sec. 1. JjE it enacted by the Senate and House 
of Bepresentatives in General Court assembled, and 
by the authority of the same, That William Lander, 



BOSTON & SALEM INS. CO. Feb. 12, 1825. 507 

Pickerinp; Dodge, Benjamin T. Pickman, Edward ^orpSrated. 
Lander, William Lawrence, Humphrey Devereux, 
Isaac Bangs, Robert Stone, Joseph H. Adams, Wil- 
liam Silsbee, and Ebenezer Rollins, with their as- 
sociates, successors, and assigns, be, and they are 
hereby incorporated into a Company and Body poli- 
tic, by the name of The Boston and Salem Insu- 
rance Company, with all the powers and privileges Powers and, 
granted to Insurance Companies, and subject to all P"^'i*^ses, 
the restrictions, duties and obligations, contained in 
a law of this Commonwealth, entitled, "An Act to 
define the powers, duties, and restrictions of Insu- 
rance Companies," passed on the sixteenth day of 
February, in the year of our Lord one thousand 
eight hundred and eighteen, and in a law of this 
Commonwealth, entitled, "An Act authorizing the 
several Insurance Companies in this Commonwealth 
to insure against fire," passed on the tv/enty-first 
day of February, in the year of our Lord one thou- 
sand ei2;ht hundred and twenty, for and during the 
term of twenty years after the passing of this 
act ; and by that name may sue and be sued, plead 
and be impleaded, appear, prosecute and defend to 
final judgment and execution, and may have a com- 
mon seal, which they may alter at pleasure, and may „ 
purchase, hold and convey any estate, real or per- and personal. 
sonal, for the use of said Company : Provided., the Proviso. 
said real estate shall not exceed the value of one 
hundred thousand dollars, excepting such as may be 
taken for debt, or held as collateral security for mon- 
ey due to said Company. 

Sec. 2. Be it further enacted-. That the capital Capital 
stock of said Compan} , exclusive of premium notes, ^^°^^' 
and profits arising from business, shall be three hun- 
dred thousand dollars, and shall be divided into shares * 
of one hundred dollars each, fifty per cent of which 
shall be paid in money, by each and every subscriber 
on the amount of his subscription, within thirty 
days after public notice given by the President and 
Directors chosen by the stockholders, in two news' 



508 



BOSTON & SALEM INS. CO. Feb. 12, 1825. 



Officers. 



Manner of 
election. 



Proviso 



papers printed in the city of Boston, and the resi- 
due shall be secured by a deposit of stock of the 
United States, or of this Commonwealth, or of some 
Bank within this Commonwealth, or such other se- 
curity as ma}^ be approved by three fourths of the 
Directors, and to be paid in such sum or sums, at 
such time or times, and under such penalties, as the 
said President and Directors shall in their discretion 
direct and appoint. 

Sec. 3. Be it further enacted., That the stock, pro- 
perty, affairs and concerns of the said Company, shall 
be managed and conducted by t\v elve Directors, one 
of whom shall be President thereof, who shall hold 
their offices for one year, and until others are chosen, 
and no longer, and who shall at the time of their 
election be stockholders in said Company, and citi- 
zens of this Commonwealth, and shall be elected on 
the second Monday in January ,in each and every year, 
and at such time of the day, and in such place in the 
City of Boston, as a majority of the Directors for the 
time being shall appoint, of which election public no- 
tice shall be given by publication in some newspaper 
printed in Boston, ten days at least previous to such 
meeting, and the election shall be made by ballot, by 
a majority of the votes of the stockholders present, 
allowing one vote to each share in the capital stock : 
Provided, That no stockholder shall be allowed more 
than thirty votes, and absent stockholders may vote 
by proxy, under such regulations as the said Compa- 
ny shall prescribe ; and if through any unavoidable 
accident the said Directors should not be chosen on 
the second Monday in January as aforesaid, it shall 
be lawful to choose them on any other day in the 
manner herein provided. And it shall be the duty 
of the Secretary of said Company, at any time, upon 
application in writing of the proprietors of twenty 
per centum of the capital stock, to call a meeting of 
the stockholders, to be holden at such time and 
place in the city of Boston, as they shall direct, for 
the purposes mentioned in such application, by giving 



BOSTON & SALEM INS. CO. Feb. 12, 1825. 509 

like notice tliereof, as is herein required for de elec- 
tion of Directors. 

Sec. 4. Be it further enacted. That the Directors 
when chosen, shall meet as soon as may be after ev- 
ery election, and shall choose out of their body one 
person to be President, who shall be sworn or affirm- choice of 
ed, to the faithful discharge of the duties of his of- i'"-^*"^*^"*. 
fice, and who shall preside for one year, and in case 
of death, resignation, or inability to serve, of the 
President, or any Directors, such vacancy or vacan- 
cies shall be tilled, for the remainder of the year in 
which they may happen, by a special election for 
that purpose, to be notified and held in the same 
manner as herein before directed, respecting annual 
elections of Directors. 

Sec. 5. Be it further enacted, That the Presi- 
dent and four of the Directors, or five of them in 
his absence, shall be a Board competent to the trans- 
action of business, and ail questions before them 
shall be decided by a majority of votes, and they 
shall have power to "Tiake and prescribe such by- 
laws, rules, and regulations, as to them shall appear ^^^^^^ ^^^ 
needful and proper, toucliing the management and regulations. 
disposition of the stock, property, estate, and effects 
of said Company, and the transfer of the shares, and 
touching the duties and conduct of the several offi- 
cers, clerks, and servants employed, and the election 
of Directors, and all such matters as a]:>pertoin to 
the business of insurance ; also shall have power to 
appoint a vSecretary, and so many clerks and ser- 
vants, for carrying on the said business, and with 
such salaries and allowances to them and to the Pre- 
sident, as to the said Board shall seem meet: Pro- Proviso. 
vided, such b} -laws and regulations shall not be re- 
pugnant to the Constitution and laws of this Com- 
monwealth. 

Sec. 6. Be it further enacted, That any two or 
more persons named in this act, are hereby author- 
ized to call a meeting of the said Company, by ad- 
vertising the same in some newspaper printed in ^^®*'"^ 
Boston, in two successive papers, for the purpose of 



510 



METH. R. SOC. IN MARB. 



Feb. 12, 1825. 



Proviso. 



Risk to be 
taken. 



Liable to 
taxation. 



elecfing their first Board of Directors, who shall re- 
main in office until the second Monday in Jar.rsarj', 
in the year of our Lord one thousand eig;ht huii«1;i d 
and twenty-six, and until others shall be electc d m 
their stead : Provided^ hoivever^ That this charier 
shall be void and of no effect, unless pi;t in opera- 
tion agreeably to the terms of it, within ooe year 
from and after the passing of this act : Jl, id provided 
also, That the said Company shall not take any risk, 
or subscribe any policy, by virtue of this act, until 
one moiety of the capital stock of said Company 
shall have actually been paid in. 

Sec. 7. Be it further enacted. That the said Com- 
pany shall never take on any one risk, or loan on re- 
spondentia, or bottomry, on any one bottom, at any 
one time, including the sum insured in any other 
way on the same bottom, a sum exceeding ten per 
centum on the capital stock of said Company actual- 
ly paid in, agreeably to the provisions of this act. 

Sec. 8. Be it further enacted. That the said Insu- 
rance Company shall be located and kept in the city 
of Boston. 

Sec. 9. Be it further enacted, That the said Bos- 
ton and Salem Insurance Company shall be liable to 
be taxed by a general law, providing for the taxa- 
tion of all similar corporations. 

[Approved by the Lt. Governor, February 12, 1825.] 



CHAP. LXVIII. 



Persons in- 
oorporalod. 



An Act to incorporate the Trustees of the Metho- 
dist Religious Society in Marblehead. 

Sec. 1. -DE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same^ That Warren Shepard, 



METH. SOC. IN MARBLEHEAD. Feb, 12, 1825. 511 

Elijah Bliss, John Bartlett, Andrew F. Patrick, 
James Pratt, Ezekiel Darling and Stephen Roundy, 
and their associates and successors, be and they 
hereby are constituted a body politic and corporate, 
by the name of the Trustees of the Methodist Reli- 
gious Society in Marblehead ; and the said Corpora- 
tion by the same name are hereby declared and 
made capable in law to sue and be sued, to plead 
and be impleaded, to have a common seal and the 
same to alter and renew at pleasure ; to make rules Rules, by- 
and by-laws for the regulation and management of ^^^' 
their corporate property and estate, consistent with 
the laws of this Commonwealth, and generally to do 
and execute whatever by law shall appertain to sim- 
ilar bodies politic. 

Sec. 2. Be it further enacted^ That the number of Number of 
said Trustees at no time shall exceed seven, four of '^'^"^^^^^^ 
whom shall constitute a (juorum for doing business. 
And the said Trustees shall, annually, in the month 
of March, elect from their own body, a Treasurer, officers. 
who shall give bonds for the faithful performance of 
his trust and who shall have charge of all monies, 
securities for monies, and other property and ef- 
fects belonging to said Methodist Religious Society. 
They shall also, at the time aforesaid, elect a Secre- 
tary or Clerk, who shall keep a faithful Record of all 
their votes, doings and proceedings ; the said Trus- 
tees shall have power to make such rules and by- 
laws as may be necessary for the management of 
their affairs and the regulation of their officers, and 
also for the raising of money for the support of their 
public Teacher, for the repairs of their Chapel, and 
for calling such meetings, from time to time, as are 
not repugnant to the Constitution and laws of this 
Commonwealth. 

Sec. 3. Be it further enacted^ That whenever there 
shall occur any vacancy in the board of Trustees, by vacancies 
reason of death, resignation or removal from office, ^^ow mied, 
the Secretary for the time being, shall notify and 
call a meeting of the remaining Trustees, as soon as 
may be, and the Minister having the pastoral charge 
69 



512 METH. SOC. IN MARBLEHEAD. Feb. 12, 1825. 



Estate, real 
and personal, 

Proviso. 



First meet- 
ing. 



of said Methodist Religious Society shall nominate 
suitable persons being members of said Society, and 
from such nomination the Trustees shall by a ma- 
jority of votes elect a person to fill such vacancy. 

Sec. 4. Be it further enacted, That the lands 
and other property that may be hereafter purchased 
by or given to the said Trustees for the use and 
benefit of the said Methodist Religious Society, either 
for the support of the worship of God, or for the 
support of the poor of said Society, shall be con- 
firmed to the said Trustees and their successors in 
that trust forever, and the said Trustees and their 
successors may have and hold, by purchase, grant, 
devise, bequest or otherwise, any lauds, tenements 
or hereditaments, or other estate real or personal, 
Provided,th.e annual income thereof shall not exceed 
the sum of two thousand dollars, and may sell and 
dispose of the same, and may apply the rents and 
proceeds thereof in such manner as shall best pro- 
mote the end and design of the said Methodist Reli- 
gious Society. 

Sec. 5. Be it further enacted, That all deeds and 
instruments requiring a seal, which the Trustees 
shall have lawfully determined to make, shall be 
sealed with their seal, and being signed by the 
Treasurer and Secretary of said Corporation for the 
time being, and duly acknowledged, shall be good 
and valid in law. 

Sec. 6. Be it further enacted, That James Pratt 
herein before named, is hereby authorized and em- 
powered to call the first meeting of the Trustees, 
giving to each of the other of said Trustees, seven 
days previous notice of the time and place of holding 
the same. 



[Approved by the Lt. Governor, February 12, 1825.] 



NORFOLK M. F. INS. COM. Feb. 12, 1825. 513 

CHAP. LXIX. 

An Act incorporating the Norfolk Mutual Fire In- 
surance Company. 

Sec. 1. -DE it enacted by the Senate and House of 
Representatives in General Court assembled and by 
the authority of the same. That Ebenezer Fisher, Persons in- 
John Endicott, Josiah J. Fiske, George Barber, jun- '^°'"p^^^^^ 
ior, Henry Gardner, David Shepard, Charles Davis, 
Daniel A. Sigourney, Samuel J. Gardner, Josiah S. 
Fisher, Piiny Bingham, Ebenezer Fislier, junior, Eras- 
tus Worthington, George Dixon, Seth Mann, Leon- 
ard Everett, Thomas French, John Ruggles, Samuel 
Dogget junior, Jonathan A. Richards, John W. Child, 
David Baker, William Bacon, Eliphalet Baker, Isaac 
Whiting, and their associates, shall be a Corporation 
by the name of the Norfolk Mutual Fire Insurance 
Company, and possess all the powers and privileges 
incident to such corporations, for twenty-eight years. 

Sec. 2. Be it further enacted, That said Corpora- 
tion may choose such officers, and establish such by- , o^*^^*"*' 

, \^i 1 J • • . "^ by-laws, &c. 

laws as they may deem necessary, not mconsistent 
with the Constitution and laws of this Commonwealth. 
In all matters decided in any general meeting of said 
Corporation, each member shall have a right to as 
many votes as he has policies, and may vote by 
proxy. 

Sec. 3. Be it further enacted, That when the sum 
subscribed by the associates to be insured, shall 
amount to one hundred and fifty thousand dollars, 
said Corporation shall then be authorized to insure 
for the term of one to seven years, any dwelling 
house, or other building, and household furniture, in 
the County of Norfolk, to any amount not exceeding 
three quarters of the value of the property insured. 

Sec. 4. Be it further enacted, That the funds of 
the Corporation shall be vested in stocks or loaned 
on such securities as the Directors may order. And 
the funds shall be appro